Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Although it is rare, some mothers do lose their custodial rights to their children... if this happens to you, you may find yourself wondering as a mother what are my visitation rights after losing custody. The court decides what is in the best interest of the child or children involved in a custody hearing, and if a mother’s behavior or lifestyle has been proven to be a threat to the child’s health, welfare or well being then her custodial rights will be revoked.
In situations where a mother has lost custody, the courts will intervene when it comes to setting a visitation schedule.
Depending on the state in which you live and the court’s initial decision, a mother may have limited visitation rights until the court deems otherwise. When both parents are in agreement, they can set a reasonable visitation plan whereby the non-custodial parent (in this case the mother) is permitted to visit with the child as long as the reasonable visitation plan is in the best interest of the child. This plan can be facilitated with the help of a mediator who will then taking into consideration the needs and wants of both parents in order to better reach a mutually acceptable visitation agreement.
Let’s say, for instance, that the mother lost her custodial rights because she had an alcohol problem. Mediator could facilitate a discussion where both parties could reach a reasonable visitation solution. If by chance a viable visitation solution could not be reached then the court would determine the visitation rights of the mother. In some cases, if the court believed the mother was a danger, the visits might be supervised by a social worker or court appointed guardian.
Once the court intervenes in determining a visitation schedule, then both parents are bound by law to abide by it. The only time that a visitation schedule would or could change is if the custodial parent has to relocate for a job or if there is a violation of the court order or if there is a change in circumstances and one or the other parents position for a change.
A mother who has lost custody should have all of the normal visitation rights granted to a non-custodial parent. If you are a mother who has lost custody of her children you should consult with a lawyer to get a better idea of your overall situation and to learn as a mother what are my visitation rights after losing custody. Additionally, visitation rights are usually documented and kept in a dossier at the courthouse. If you know your case number then you could have the family law attorney find out what your visitation schedule was set up as and then proceed with any additional revisions to the visitation schedule as necessary.