When joint custody is not possible or is not in the best interests of the child, it is always still possible for the parent who does not have custody to have visiting rights. These rights can work out in any way that suits the child: it may be mere phone calls, visits in the home of the custodian parent, going for walks, having the child over for a week end or going on vacation with the child.
The parent who does not have custody is the one who has custody less than 40 % of the time. Therefore, the family lawyer of the parent who does not have custody may ask the Judge to order visiting rights. This request may or may not be challenged by the other parent and their lawyer.
As always in family law, visting rights are determined in accordance with the child’s interest. The courts generally recognize the child’s need to have contact with both parents as well as for safety and stabity.
Here are instances of cases in which our lawyers obtained or challenged visiting rights.
You may contact one of our lawyers for further information.