Factors in Determining Visitation in Hamilton County

Visitation, otherwise known as time-sharing, may be determined by parents agreeing on a schedule or the court mandating one. The determination of visitation can be contested by filing a lawsuit, and a parent must establish various things to gain these rights.

If you are seeking time with your child, reach out to an experienced attorney at Yates & Wheland to discuss your case. Our legal team can explain the factors in determining visitation in Hamilton County and advocate for your relationship with your kid.

Deciding Time-Sharing Rights in Hamilton County

When determining visitation, the Hamilton County court will focus on what is in the child’s best interests. This standard varies depending on the child’s developmental stage, as well as many other factors in their life. For instance, each child has different educational and medical needs. The court will also consider what the child’s daily life looked like before their parents’ divorce. An experienced lawyer in the area could further explain what factors the court may consider when deciding on visitation rights.

Evidence when Determining Visitation

There is a long statutory list of factors that outline things to consider when determining what visitation schedule will best serve the child. These factors include:

  • Emotional ties existing between each parent and the child
  • The needs and developmental level of the child
  • The moral, mental, and emotional fitness of each parent
  • The child’s interactions and relationships with siblings, relatives, step-relatives, and mentors
  • The child’s physical surroundings, such as their school and other activities
  • Any evidence of physical or emotional abuse to the child
  • The parents’ employment schedules

It is important for a visitation schedule to maintain a sense of continuity in the child’s life. An attorney well-versed in visitation cases could further explain how stability may factor into a court’s determination.

Renegotiating a Parenting Schedule

Custody and visitation are permanent. However, if there is a material change in circumstances, one or both parents may go to court and ask to modify the agreement. This could be due to unfortunate events like a parent losing a job or becoming dependent on substances. A visitation schedule may also need to be modified simply because the child has grown older, and their needs have changed.

Anything that is impacting the child in a negative way could constitute a material change in circumstances. If a parent can prove a material change, this could be the basis for a modification of visitation. A parent who wishes to renegotiate their time-sharing plan should work with a Hamilton County lawyer to compile evidence that the current arrangement is not in the best interests of the child.

Consult a Hamilton County Lawyer on Factors in Time-Sharing Schedules

If you are dealing with custodial issues during your divorce, or if you need to modify an existing visitation schedule, reach out to legal counsel. You deserve representation from a lawyer who will work to uphold your child’s best interests and protect your parental rights.

There are many factors in determining visitation in Hamilton County, including the fitness of the parents and the child’s educational and medical needs. Let a skilled lawyer at Yates & Wheland review your situation and help determine a plan moving forward. Contact our firm and discuss your case with our dedicated legal team today.

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