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Parents who are denied child custody may have visitation rights

On Behalf of | Jun 7, 2018 | Child Custody

In some divorce court proceedings in Kentucky, parents are denied custody of their children. This can happen for a number of reasons, including fear for the child’s safety, avoiding a dual living situation and preference for the child’s primary caregiver. Sometimes, denying custody to one parent doesn’t have anything to do with the living conditions. Many courts strive to involve that parent in the children’s lives as much as possible with generous visitation.

Visitation is typically granted to a parent during the child custody hearing. The court will often issue a formal schedule that includes the rights of the non-custodial parent. Visitation is often granted on weekends, holidays, vacations and alternating weekly schedules. While judges prefer for parents to arrange travel among themselves, the court will intervene if necessary.

For some parents, the court denies both child custody and visitation. This can happen when the parent has not exercised their parental rights in the past or no longer has communication with the child. It can also happen when there is evidence of domestic violence or abuse of alcohol or drugs. Alternative solutions, including supervised visitation and visual visitation using video messaging, may be authorized.

Parents who are denied visitation and child custody may have the opportunity to reestablish their rights at a later date. Parents in this situation are advised to seek the counsel of a family law attorney. A lawyer may have knowledge and resources not available to parents that can be used in negotiations and court proceedings. Lawyers are responsible for advocating for parents in and out of court no matter their history, and they may handle all the paperwork involved.