During a divorce or child custody dispute, family law courts determine the visitation rights of the noncustodial parent. But, in some cases, a parent may run into visitation issues when trying to maintain a relationship with their child. Such problems can raise many questions about a parent's rights, as well as their legal options for ensuring they get to see their kids. Below are answers to some common inquiries on the subject.

Commonly Concerns About Visitation Rights

Can a parent deny visitation rights?

A former spouse cannot deny visitation of their own accord. Only judges decide about these matters and enforce rules via a court order. Neither parent has the power to change the directive unless they file a formal, legal request to modify it.

Can visitation rights be taken away?

Rights are removed only in extreme cases where the child is in potential danger with a parent. If there is a risk to the kid's physical or mental health, the court may rescind or modify an order. The process starts by going to your local courthouse and submitting a petition to revoke visitation. Prepare tangible proof that the child is endangered by the other parent.

How do you reinstate visitation rights?

Like any other visitation issue, only the courts handle this matter. You must file a motion to reinstate the right, then a judge reviews and decides on your case. The ruling will depend on why the visitation was revoked. If, for instance, the other parent feared for the safety of the child due to anger issues, the courts may request evidence that you've successfully addressed that concern, such as by completing anger management therapy. An attorney will help you better understand the most effective path to regaining your rights.

Can grandparents have visitation rights?

In Alabama, as in most states, there are specific laws pertaining to the visitation rights of grandparents. One of five conditions must be present for them to formally request this right:

• The death of one or both of the child's parents
• The marriage of the child's parents has been dissolved
• A parent of the child has abandoned them
• The child was born out of wedlock
• The child lives with both biological parents, but at least one of them refuses to let the grandparent see them

If you’re going through such a situation and still have concerns, the attorneys at Edmiston Law will answer all your questions about visitation issues, rights, and responsibilities. They have more than 20 years of experience representing Jackson County, AL, in family law matters, offering quality legal counsel and representation through every step of the process. Call (256) 259-0834 to schedule an appointment. Visit them online to learn more about their expertise in this practice area.