After getting a divorce, the law provides a parent with child visitation rights, unless otherwise contested or agreed upon. Parents are expected to still look after the well-being of their children even if they are no longer living together. But along with these fathers’ rights come the responsibilities. Divorces don’t strip you of your responsibilities as a parent. As a matter of fact, you’re more than required to exhibit it now that the situation has changed.
In New Mexico, joint custody is usually awarded to give parents equal rights to the child. But regardless of the type of child custody was awarded by the court, a parent still maintains the right to visit the children. When it comes to child visitation, it is best that you work up a schedule with your ex-spouse, advisably with the help of a child custody lawyer in Albuquerque, NM. Doing so will fully ensure you of your child visitation rights.
But first, the court would have to approve the child custody and visitation schedule, so make sure that the document presented is acceptable by the court. For someone who is experienced in family law in Albuquerque, NM, creating such document is easy. To protect yourself from creating costly mistakes, it’s best that you consult with a family lawyer about this.
Confirming your Child Visitation Rights
The parents are mainly responsible to create a child visitation and parenting plan that they will comply with and present it to the court. Your active participation in these planning sessions already is a sign that you’re eager to exercise your child visitation rights.
The schedule should be organized, detailed, and structured. It should also meet its main purpose, which is to ensure that the best interests of the child are met. It should specify the actual time and day that a parent can visit the child, especially during holidays, special occasions, and school breaks.
If the visitation schedule created is mutually agreed upon by both parents and that it meets the needs of the child and serves his best interests, then it will be accepted by the court. However, if you or your ex-spouse disagrees on anything placed in the plan, then a mediation process could be requested. The mediator will try to work out the differences between the two of you and help you arrive at a mutual agreement.
But if mediation fails to work, then the issue has to be presented in court. At this point, you need to hire a child custody attorney in Albuquerque, NM. The main task of your lawyer is to assure that you get to enjoy the child visitation rights allotted to you by the court.
Consult with our family law firm in Albuquerque, NM to know more about your child visitation rights and what you can do to make sure that it won’t be taken away from you. You are not expected to just agree on the terms proposed by your ex-spouse, even if he or she is granted sole legal custody of the child. You can still visit your children and the law allows for that.