What happens if my spouse has full custody of our children?
This question is posed quite frequently at Kovacs Law Firm. It is a tough situation when one parent no longer has custody. Sometimes it is because of reports of domestic violence, neglect or even desertion. Obviously, if you have been accused of these things it may be best that custody is not shared. However, many people are trying to turn their lives around and get back to seeing their children. Know that just because you may not have custody now, you can likely set up a visitation schedule and by sticking to the schedule, the court may begin to view you as a reliable parent.
Visitation or Parenting Time refers to an arrangement for a child to spend time with the parent with whom the child does not live. If there are no instances of abuse, the court may be inclined to approve a parenting schedule whereby both parents may have an adequate amount of time with the child either with or without any sort of supervision. It is very valuable to a child, to see both parents and the court will make decisions regarding custody and parenting time based on the child's best interests.