How Do I Earn Back My Visitation Rights?
Visitation rights are often a critical aspect of family law cases, especially in child custody matters. When a parent loses visitation rights, whether due to a court order or other circumstances, it can feel like an overwhelming situation. However, it's essential to understand that visitation rights can often be restored with the right approach and legal guidance.
Kathleen M. Kirchner Attorney At Law, located in Anne Arundel County, Maryland, offers experienced legal support to parents seeking to regain their visitation rights. With her background in family law, Kathleen is dedicated to providing compassionate and aggressive legal assistance to those in need.
What Are Visitation Rights?
Visitation rights refer to the right of a non-custodial parent to spend time with their child. These rights are typically granted by the court after a divorce or custody dispute. In family law cases where one parent has primary custody, the other parent is usually entitled to visitation to maintain a relationship with the child.
Visitation can take different forms depending on the circumstances, including:
Standard visitation: This typically includes scheduled time with the child, such as weekends, holidays, and vacations.
Supervised visitation: This occurs when the court deems it necessary for the visiting parent to spend time with the child under supervision, typically in a controlled environment.
Virtual visitation: In certain cases, the court may grant visitation rights through phone calls, video chats, or other virtual communication methods.
There are situations, however, where a parent may lose their visitation rights due to concerns about the child’s safety, well-being, or other factors.
Reasons Visitation Rights May Be Lost
Visitation rights aren’t guaranteed and can be modified or revoked under certain circumstances. Some common reasons visitation rights may be lost or suspended include:
Substance abuse: If the court determines that a parent has a substance abuse problem, it may revoke visitation rights to protect the child.
Child neglect or abuse: Allegations or evidence of child abuse or neglect can lead to a suspension of visitation rights.
Failure to follow court orders: If a parent repeatedly violates the terms of the custody or visitation agreement, the court may revoke visitation privileges.
Mental health issues: In some cases, untreated mental health conditions may lead to a loss of visitation if they’re deemed to put the child at risk.
Once visitation rights are lost, it's important to know that they can sometimes be reinstated, but the process usually involves taking specific legal steps.
How to Earn Back Visitation Rights
Regaining visitation rights can be a challenging process, but it’s not impossible. The key is to demonstrate to the court that the situation has changed and that you’re now in a position to provide a safe and positive environment for your child. Here are several steps to consider when working to earn back your visitation rights:
Address the Issues That Led to the Suspension
The first step in earning back your visitation rights is identifying and addressing the issues that led to the suspension in the first place. If your visitation rights were revoked due to substance abuse, neglect, or another serious issue, taking steps to correct the situation is crucial. For example:
Substance abuse: Enroll in a rehabilitation program and complete it successfully. Provide documentation of your participation and any clean drug tests.
Child neglect or abuse: Seek counseling or therapy and prove that you’re addressing the underlying issues that led to the allegations. Show that you‘re committed to providing a safe environment for your child.
Mental health issues: Pursue treatment for mental health conditions and work with professionals to show that you’re in a stable condition to care for your child.
Demonstrating your willingness to address these issues and improve your situation is critical to convincing the court that your visitation rights should be reinstated.
Follow All Court Orders and Conditions
If the court has set specific conditions for regaining visitation rights, such as supervised visits or therapy, it’s important to follow those conditions precisely. Failing to comply with court orders can undermine your efforts to regain visitation rights.
By following the court’s instructions, you show that you respect the legal process and are committed to being a responsible parent. If you have difficulty understanding the conditions or need help meeting them, it’s essential to consult with a family law attorney for guidance.
Seek Legal Representation
A family law attorney experienced in visitation rights can help you approach the process of regaining visitation. They can assist in gathering evidence, representing you in court, and making sure that your case is presented in the best possible light.
If a significant change in circumstances has occurred, you may need to file a petition with the court to modify the original visitation order. Your family law attorney can help you draft this petition and submit it to the court.
Your family law attorney can help you prepare for hearings, gather necessary documentation, and present your case effectively.
Demonstrate Positive Changes in Your Life
To earn back visitation rights, it’s essential to show the court that you have made positive changes in your life and that you can now provide a safe and stable environment for your child. This may involve:
Employment stability: Show that you have a stable job and can financially support yourself and your child.
Stable housing: Demonstrating that you have a safe and secure living environment can be crucial, especially if concerns about your home contributed to the initial loss of visitation.
Good parenting practices: If possible, participate in parenting classes or programs that can improve your relationship with your child and demonstrate your commitment to responsible parenting.
By demonstrating these positive changes, you can show your growth and commitment to your child’s well-being. This can greatly improve your chances of regaining visitation rights and rebuilding your relationship with your child.
Show That Your Child's Best Interests Are Being Considered
When seeking to regain visitation rights, the court will prioritize the best interests of the child. You must show that your child will benefit from the restoration of your visitation rights. This can be done by providing evidence that the child has expressed a desire to spend time with you, or by showing that the child’s emotional and psychological well-being will improve with your visits.
Sometimes, a child’s preference is considered by the court, especially if the child is old enough to express their wishes. While the court won’t always follow a child’s preference, showing that your visits will benefit your child is a critical part of the process.
Be Patient and Persistent
Earning back your visitation rights will take time, and the process may not be easy. It’s important to be patient and persistent. Courts often require time to see that a parent has made lasting changes, and the legal process can be lengthy. While the wait may feel overwhelming, showing a consistent pattern of improvement will help your case in the long run.
Regaining visitation rights isn’t always an easy process, but it’s possible. With the right approach, legal representation, and dedication to making necessary changes, parents can work to restore their visitation rights and continue to be a positive part of their child’s life.
Call Today to Get Started
For those facing the difficulty of losing visitation rights, Kathleen M. Kirchner offers the legal support needed to help restore their relationships with their children. Reach out to Kathleen M. Kirchner Attorney At Law today to schedule a consultation for services in Anne Arundel County, Maryland, as well as Queen Anne’s, Calvert, Prince George’s, and Howard counties.