Visitation rights are established for noncustodial parents. Whenever there is a custody ruling, visitation rights need to be established as well.
Visitation Right agreements can be reached by the following means:
- Amicably between the parents.
- Judicially, through a Judge who will make a decision focusing on the child’s best interests.
The determining factors that will be evaluated in order to determine a Visitation schedule are the following:
- Social, emotional, legal and financial condition of the requesting parent.
- Ensuring that the requesting parent provides security, love, education, stability and general assurances for the proper development of the child, while said child is in the care of the parent in question.
- Along with other elements specific to each case, pertaining to the child and the parents.
Types of Visitation:
Depending on the condition of that parent, the judge would determine the type of Visitation that would apply to them. The most common are the following:
- Supervised Visitation, which means that the parent would need to be accompanied by a third party during the authorized time.
- During specific hours.
- Two (2) weekends and 50% of school holidays, Christmas and Easter among others.
- Among other types that may be established by the Judge, depending on the case.
Requirements Visitation Rights Request:
- The child’s birth certificate
- Identity document for the parent or guardian submitting the claim
- Child’s address
- Proof of address for the minor and the respondent
- Documentation and information supporting the request
Phases of the process:
- Mediation: Conducted at the Children and Adolescents Prosecutor’s Office with jurisdiction based on the child’s domicile
- Judicial Proceedings: Heard by a court with jurisdiction of Children and Adolescents cases, based on the child’s domicile
Features of the process:
- Quick
- Free
- The priority for the judge is the child’s well being, not the particular emotions of the parents or guardian.
Our law firm can assist you with the development of mutual consent agreements, as well as with claims of this nature, brought before competent Courts. Our lawyers specialized in Child Law will help you at all times.