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Questions about Visitation Laws

When a couple with children separates or divorces, it can lead to many questions about child custody and child visitation rights. Fathers are often faced with the prospect of fighting for father’s visitation rights. Grandparents can be left wondering about grandparent’s visitation rights. The Experts on JustAnswer regularly answer many questions visitation laws. Below are five of the top visitation law questions that have been answered by the Experts on JustAnswer.

In the state of New York can an aunt file for visitation rights?

New York does have laws stating that any interested party has the right for visitation. By this provision an aunt would usually be able to petition for visitation rights. Both blood relatives involved in the child’s life, and a non-blood relative caring for a family member would normally have the right to file for visitation in New York.

In California do aunts and uncles have to right to visitation?

In California, the court normally does not recognize aunts and uncles for visitation rights. If the parent is unfit, the aunt or uncle could file for temporary custody. A parent is usually deemed to be unfit by the court if there is evidence of child abuse or neglect, drug or alcohol problem, or spousal abuse in front of the child. If the parent has none of these problems then the aunt or uncle may not be able to file does not have the right for any visitation rights. Visitation laws vary from state to state. Even the particulars of your specific situation can determine the legal options available to you. One way to ascertain your visitation rights is to ask family lawyers on JustAnswer. They will assess the details of your case and provide their Expert opinion on the best course of action for you.

If someone has visitation rights and drops the child off at someone else’s house without seeing the child for days, what are the other parents rights?

You would have the right to go and pick the child up from the place where they were dropped off during the other parent’s visitation time. Also, you could go to court. The judge would try and assess whether the two parents couldn’t come to an agreement on visitation time, and that seems unlikely, then the judge would decide on the visitation time.

Do grandparents have visitation rights in Indiana?

The court can grant visitation rights for grandparents if it deems it to be in the best interest of the child, although, not all grandparents have the privilege of having visitation rights. Grandparents can ask for visitation rights if: one of the parents has passed away, or the child’s parents are divorced. The court will consider the rights of the grandparent if they have had or have tried to maintain contact with the child. The court will also look at the relationship between the child and the grandparent, and between the grandparent and the parents. Indiana strictly follows the law to consider grandparents to have visitations but does not follow the law for great-grandparents. To know exactly what legal options you may have, bring your questions to Family Lawyers on JustAnswer. Their legal insights may be able to help you make informed legal decisions.

In Texas what does someone do if the ex spouse is not letting them have their visitation time?

If visitation time was decided by the court, then both parents have to respect the decision and follow its provisions. When someone violates direct court orders, they are considered to be in contempt of the court. To enforce your visitation rights, you could consider filing for contempt. You would need to show how the other parent is violating the court orders about your visitation rights as ordered by the court. You would need to file in the same state where the visitation rights were granted.

There are many aspects to visitation. Visitation rights of custodial and non-custodial parents; married, separated, divorced, remarried and unmarried parents; grandparents’ custodial rights are just a few of the factors that can make visitation seem like a complex issue. If you are unclear about how you can get visitation rights, you could ask a Family Lawyer on JustAnswer for a quick, insightful and affordable legal assessment of your situation.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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Family Lawyers are Online Now

How JustAnswer Works:

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Visitation Law Questions

  • In 2011, my ex sued me for visitation with my sons. She is

    In 2011, my ex sued me for visitation with my sons. She is not a legal parent, but would likely have rights to one of them under Minnesota 3rd Party Visitation Law. Her standing was never ruled on. We came to an agreement allowing her some time. The judge took our agreement and signed it as an order. Now things have changed and I am no longer comfortable with her having that much time with them. Again, the judge never ruled that she falls under the third party rule and I never stipulated to that. When I tried to change the schedule, the judge told me that I couldn't because I should have foreseen all future issues. He also issued an order for holiday time giving her half of all holidays. (He told us in court that he would treat the case like any other "divorce").

    Is the order enforceable? Essentially, I see it as a judge ordering me to continue giving my kids to someone with no legal rights to them, even though I now have grave concerns about doing so.
  • If I was served a petition to modify parent-child visitation

    If I was served a petition to modify parent-child visitation law suit, what is the next step I have to do? There is a temporary hearing date. Is there anything I have to do before the hearing?
  • We are in disagreement with a visitation issue regarding our

    We are in disagreement with a visitation issue regarding our now 11 year old grandson, whom we raised for 5 years with our daughter-in-law and our son. His father was divorced and is in the Army. He gave us guardian ship for those 5 years. Then he re-married. His new wife is bound and determent to cut us out of a relationship with the the whole family. What hurts us most is our grandson in that new family relationship is very much alone and has now a step brother that bullies him, hits him, kicks him and many other things. At this point our daughter in-law banned us from seeing our grandchild at school. We are not allowed to call or e-mail or any other means of communication. Now she is threatening with a no contact order even though we have not done anything. This situation has been going on since Feb 2010. It is having a significant toll on both my husband and mysef. We live in the state of WA and grandparents have no rights in this state. We are being mentally abuse and this is having a physical effect on our health. My question, what do I need to do to intervene in those behaviors? What are my legal standings, what can I do to fight this?
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