What happens at a visitation hearing?

Asked almost 2 years ago - Havana, IL

Both parents have went to mediation and reached a partial agreement . Hearing on remaining issues has been set . Mother only willing to give every other wend visits . Father wants at least 2 days a week . Do both parents have the " burden of proof " as too the best interest of the child ?

Attorney answers (5)

  1. Luke D. Kazmar

    Pro

    Contributor Level 14

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    Answered . The party opposing the visitation petition will have the burden of showing [by a preponderance of the evidence] that father's visitation motion seeks relief that is NOT in the best in the interest of the child. The burden has been described as deliberately "stringent" and "onerous."

    The "presumption" is that Father is "entitled" to "reasonable visitation rights."

    The decision wil depend on facts not specified by you. For example, the age of the child matters. The custodial preferences of the child matter, as they grow older and are capable of making mature decisions.

    Chances are Father will prevail unless the child is very young or Father has a time-intensive job, for example.

    If the child is about 12, for example, Courts tend to grant one weekday overnight and one evening for 3 hours or so [to eat dinner, etc.]

    In the end, however, the person likely to prevail is the parent with a superior counsel--one who is exceptionally knowledgeable in the law and has accumulated excellent evidence in support of his client's position.

    The author provides the preceding information as a service to the public. Author's response, as stated above,... more
  2. Luke Allen Thomas

    Pro

    Contributor Level 11

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    Answered . Both parents will have to present evidence as to why there respective proposals for custody/visitation are best for the child. Judges assigned to cases in your county will want to hear concrete evidence why father's proposal is in the best interest of the child because what he is asking for is a bit out of the norm than what is usually awarded. Judge Tucker and Judge Butler have fairly conservative views regarding traditional roles. Dad will want to stress that his proposed schedule will not be a detriment to the child because of his proximity to school, schedule, availabilty.

    Good luck to you!

    This response is being provided for information purposes only and does not constitute an attorney client... more
  3. Judy A. Goldstein

    Contributor Level 20

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    Lawyer agrees

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    Answered . The parent who filed the motion proceeds first but both parties should be represented by counsel. It is in everyone's best interests to keep the lines of communication open and to reach a compromise.

  4. Wes Cowell

    Contributor Level 19

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    Lawyer agrees

    Answered . You should not worry so much about who bears the burden of proof and instead focus your energies on working with your attorney to make sure he or she has the evidence, witnesses, and testimony necessary to meet your burden.

  5. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

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    Answered . Yes that is correct and not always easy to actually prove. Compromise is always better. One evening per week and every other weeked is standard. Why go to hearing when that is most likely what the judge will order? The midweek is not overnight.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Visitation rights in child custody agreements

Child visitation refers to non-custodial parents' rights to visit their children. These rights are commonly detailed in a visitation plan.

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