Even if a parent does not have legal or physical custody of their child, they still have a right to maintain a relationship through visitation. Asserting this right is crucial to protecting your bond with your child. An Upper Marlboro visitation lawyer can fight to preserve your parental rights while keeping your child’s best interests at the forefront.
An experienced family law attorney can guide parents through every stage of the custody and visitation process. Whether you are seeking visitation for the first time or looking to modify an existing order, legal support can make a significant difference.
Legal Custody vs. Physical Custody vs. Visitation Rights
For unmarried or divorced parents, custody decisions are often sensitive and deeply important. In Maryland, custody is typically divided into two categories: legal and physical. Even if a parent does not have custody, they may still be entitled to visitation.
Parents can reach agreements regarding custody, placement, and visitation, but the court must approve the arrangement. If no agreement is reached, the court will determine the custody and visitation schedule based on the child’s best interests.
Legal Custody
Legal custody refers to the right to make important decisions for the child, including those involving:
- Education
- Healthcare
- Extracurricular activities
- Religious upbringing
In cases of joint legal custody, both parents must cooperate in making these decisions. If one parent is awarded sole legal custody, they alone are responsible for major choices affecting the child.
Physical Custody
Physical custody involves where the child lives and how much time they spend with each parent. A child may either split time between both households or live primarily with one parent.
In Maryland, physical custody is determined by the number of nights a child spends in each home. If a child spends more than 25% of their overnights with one parent, it is considered shared custody.
Visitation Rights
Visitation rights are crucial for non-custodial parents to maintain a strong relationship with their child. Even if a parent lacks custody, they may be granted scheduled visitation. In emotionally complex or high-conflict cases, visitation may be supervised, or child exchanges may be monitored to ensure safety.
However, visitation can be restricted or denied if the court determines it would jeopardize the child’s safety or well-being.
A visitation lawyer in Largo or Upper Marlboro can help parents understand their rights and work toward a visitation schedule that supports the entire family’s best interests.
What Is a Visitation Agreement?
A visitation agreement is a court-ordered schedule that outlines when and how a non-custodial parent spends time with their child. These arrangements may vary based on the family’s needs and the child’s best interests. Common forms include:
- Flexible visitation
- Structured visitation
- Supervised visitation
- Visitation determined by the custodial parent
Factors the Court Considers
If parents are unable to agree on a visitation schedule, the court will intervene and create one. In doing so, the court considers several factors, including:
- Parents’ work and school schedules
- Distance between households
- Other siblings and extended family
- The child’s health needs
- Cultural and family traditions
In Maryland, visitation is considered a parental right, not a privilege. The court generally assumes visitation is in the child’s best interest unless evidence suggests otherwise.
How a Visitation Lawyer Can Help
Securing skilled legal representation is essential for protecting your parental rights. A knowledgeable Upper Marlboro visitation attorney can represent you during court hearings, mediation sessions, or negotiations with your co-parent. They can also help craft a fair, enforceable visitation plan that keeps your child’s well-being at the center of the process.
Contact a Visitation Attorney in Upper Marlboro Today
When children are involved, emotions often run high. Asserting your right to maintain a meaningful relationship with your child is essential.
An Upper Marlboro visitation lawyer can answer your questions, explain your rights, and advocate for your best interests. Contact Carmiece Graves Law today to schedule a consultation.
