Visitation, also called parenting time, is the right of nonresidential parents to have frequent, meaningful contact to maintain a loving relationship with their children. Although Kansas family law presumes that visitation with a nonresidential parent is in the best interest of the child, specific facts can overcome that presumption, allowing a judge to place restrictions on visitation or prohibit contact with the child altogether. For these reasons, it’s important to seek representation from an experienced family law attorney. At The Henry Law Firm, P.A., we draw on 30 years of combined experience to manage visitation disputes for your benefit and for your child’s welfare. We also help grandparents obtain visitation orders whenever appropriate.
A nonresidential parent can file for visitation with a child as part of a divorce proceeding or after establishing paternity. The court will order visitation if, after examining all the facts and applying relevant factors, it finds that visitation is in the best interests of the child. When you petition for visitation, or parenting time, there are three possible outcomes:
The court retains jurisdiction over the parenting time order and can modify the order when there is a substantial change in circumstances. For example, if a parent is cleared of false allegations of abuse, the court can lift restrictions and allow unsupervised visitation. Or, if a parent overcomes addiction, the court can permit some level of visitation.
The residential parent has a duty to make the child ready for parenting time. Any interference with parenting time can draw court sanctions for contempt of court. In fact, if the interference is extreme, the nonresidential parent can petition the court to change the order and even grant joint residential custody as a remedy.
Under certain circumstances, grandparents can petition for visitation:
The grandparents must have established a relationship with the child, and the court must believe that visitation with the grandparent(s) is in the child’s best interests.
Our attorneys are adept at reaching negotiated settlements on child custody and visitation issues. We also provide determined representation when these issues must go to trial.
The Henry Law Firm, P.A. cares about your relationship with your children. We want to help you obtain a visitation order that serves your child’s best interests and allows you to maintain a loving relationship. To schedule a consultation in Overland Park, call us at 913-381-5020 or contact our firm online.