When the court awards sole custody to one, the other parent may have been awarded the right to see the child and spend time with them. This is most often referred to as visitation. Often, fathers do not understand their rights to defend their time allotment with their child. Men’s rights allow the father to negotiate visitation and see their child within the ruling set forth by the court.
Understanding visitation laws, negotiating visitation schedules, resolving disputes amicably, seeking legal counsel when necessary, and fostering positive co-parenting relationships are all part of ensuring fairness and creating a healthy atmosphere for the child.
Here is what men need to know from a legal standpoint:
Understanding Visitation
Visitation and custody are frequently used in the same context, but they are not the same. Custody refers to who the child lives with and who has the authority to make certain decisions on behalf of the child. One parent can be awarded sole custody, or parents may split custody. Custody may be specified in some cases by legal or physical custody.
In the cases involving only one parent being awarded custody, with whom the child lives, the other parent typically has visitation rights. Visitation may be dictated by the court as one of numerous types:
Supervised Visitation
For cases in which the father has been deemed by the court to pose a risk to the child, the father may still see the child in a supervised setting. Most commonly, a social worker or mental health professional will be present for the entire duration of the visit. Supervised visitation is normally awarded when the parent has faced allegations of abuse, addiction, or mental health issues.
Unsupervised Visitation
Unsupervised is the most common type of visitation, in which the father may spend time with the child without an authority figure present. Most commonly, the custodial parent will drop the child off for visitation, and the non-custodial parent may spend time with the child wherever they please (within court limits, such as not taking the child out of town without permission).
Virtual Visitation
When parents live far apart, fathers still have the right to see their child. Virtual visitation, such as phone or video calls, enable visitation despite the distance.
Negotiating a Visitation Schedule
One of the easiest things men can do to ensure fair visitation rights with their children is to proactively negotiate a visitation schedule with the other parent. The court can accept visitation schedules that both parents collaboratively created; a method that allows both parties to achieve their goals.
If parents cannot negotiate a visitation schedule amicably, men have the right to seek assistance from a mediator or acquire legal counsel to advocate on their behalf for fair visitation treatment.
Fostering Positive Co-Parenting Relationships
Visitation requires both parents to participate in the joint effort to make sure the child spends quality time with each adult. Fostering a positive co-parenting relationship is in the best interest of the child and requires the two parents to overcome any resentment toward each other to work together for the child’s good.
Avoid arguing with the other parent or making threats; this is unhealthy for the child and could hurt your case. Instead, try to seek compromise while providing evidence of why you are making the requests you are making.
Keep in regular contact with the other parent to share information about the child—not just necessary details such as medical documentation but also the child’s developing preferences, interests, and goals.
What to Do When Disputes Arise
Most often, visitation schedules can be determined amicably once custody has been arranged. However, not all partners are willing to cooperate with an order of visitation. If the custodial parent is denying your visitation or consistently interfering with the established visitation schedule, contact an attorney.
Men have the right to petition the court to enforce their visitation rights. They also have the right to make-up visits that were denied to recover the lost time with the child.
The parent interfering with visitation may face contempt of court charges, have their custodial or visitation arrangement modified or denied, and may be required to pay the non-custodial parent’s legal fees associated with contesting the visitation situation.
Let Milstein Siegel Defend Your Men’s Rights
Men’s rights protect them from being taken advantage of during the visitation process. However, without knowing your rights, you may be vulnerable to unfair treatment when determining or enforcing visitation after divorce. The attorneys at Milstein Siegel have a track record of helping men secure fair treatment throughout the divorce, custody, and visitation process.
Contact Whether you are establishing a visitation schedule for the first time or contesting visitation that is being denied, contact Milstein Siegel to schedule a consultation today.
