April 8th, 2024

How a Parental Rights Attorney Can Help With Child Visitation

Visitation and child custody issues can be emotionally charged and challenging to deal with. At Gross McGinley, LLP, our family law attorneys help clients in Allentown, PA, and a wide surrounding area navigate visitation disputes and develop fair parenting plans. We know these issues can be contentious, and we’re dedicated to facilitating healthy familial relationships while keeping the best interests of children and the rights of parents in mind.

Child Custody and Visitation in Pennsylvania

Child visitation rights are granted to non-custodial parents so they can spend time with their kids and sustain meaningful relationships. Pennsylvania courts recognize the value of parental involvement in their children’s lives, and visitation rights are designed to prioritize the well-being of the child while considering the rights of both parents.

Factors considered by the family court when deciding child custody include the child’s best interest, which parent is more likely to encourage and promote the relationship with the other parent, their relationship with each parent, whether there is a history of child abuse, domestic violence, or addiction, and the child’s preferences, if they are old enough to express what they prefer. If visitation endangers the child or isn’t in their best interests for other reasons, the court may deny it or order supervised visitation.

Navigating complex laws and the family court system can be daunting, especially without a child custody lawyer. Whether physical custody or periods of physical custody with your child has been limited or you’re concerned about the well-being of your child when they’re with their other parent, a family law attorney can help you understand the factors courts consider when determining visitation arrangements and help you take action to resolve any issues.

When Visitation Rights Have Been Unfairly Limited

When a child custody order is approved by the court, both parents are legally bound to abide by it. If either parent doesn’t comply with the order, they may be found in contempt of court. For example, if one parent tries to withhold visitation because the other is behind on child support, they could face contempt of court charges that may come with fines, jail time, and other penalties. If you believe your visitation rights have been infringed upon, violating a court order isn’t a viable solution.

Exploring legal avenues to enforce a child custody order is the best way to come to a resolution. A parental rights attorney can take swift action to enforce visitation orders and hold the non-compliant parent accountable. This may involve filing a Petition for Contempt or seeking enforcement or modification of an order to ensure that visitation rights are respected and upheld.

A parental rights attorney knows how your local family court systems work, and will be familiar with judges and other child custody lawyers. The family law attorneys of Gross McGinley can assist in negotiating a custody agreement that can be entered as a court order with the need to appear in court.

What to Do if You’re Concerned About Your Child’s Safety or Well-Being

If you believe your children’s visits with a co-parent are putting them at risk, there are steps you can take to address the issue. If your child isn’t in immediate danger, your parental rights attorney can help you file a Petition for Modification of your existing child custody and visitation order. If a judge finds that it’s not in the best interest of a child to spend time alone with a parent, they may order supervised visitation.

If your child is in a dangerous situation during visitation, you can file a motion for an emergency custody order, called an Emergency Petition for Special Relief. If granted, it can give you full custody, which halts visitation until a hearing for a custody order modification takes place.

If child abuse or domestic violence is involved, your family law attorney can also help you file for a Protection from Abuse (PFA) order that prohibits the other parent from having contact with or coming near the child.

How a Family Law Attorney Can Help

Regardless of whether visitation with your child has been unfairly restricted by a co-parent or you want to change a custody arrangement because you’re concerned for your child, you must have evidence to support your claims. Your parental rights attorney can assist you with gathering all relevant evidence, present it in court, and offer compelling arguments that support your claims. Whether you work to resolve disputes through negotiation, mediation, or litigation, a parental rights attorney prioritizes the best interests of your child while advocating for your rights.

Schedule a Consultation with a Parental Rights Attorney

For more than 40 years, Gross McGinley, LLP, has provided forward-thinking legal representation built on a foundation of compassion, respect, collaboration, and a commitment to continuous improvement. If you need assistance with child custody matters in eastern Pennsylvania, contact us or call 610-820-5450 to schedule a consultation with a family law attorney.

The content found in this resource is for informational reference use only and is not considered legal advice. Laws at all levels of government change frequently and the information found here may be or become outdated. It is recommended to consult your attorney for the most up-to-date information regarding current laws and legal matters.