Individuals of any age group get some difficulties when their family members embroiled in legal separation and divorce cases. They face some unfortunate consequences associated with such legal separation. They act emotionally rather than logically when they go through this emotional rollercoaster. Many adults ignore the extended family of the children such as same sex partners maintained some relationship with children. Every child gets various problems when adults who are put in caretaking roles with them go for the divorce process. This is because they trust and love who they can count on for providing the parental affection, love, guidance and all necessities of life.
The main victim of the legal separation
Children are the victims of the legal separation decision of parents. This is because they may do not get the unconditional support and love from their parents hereafter. The US Supreme Court heard the landmark case Troxel v. Granville which dealt with the parent’s fundamental rights to decide on things like the concerning care, control and custody of the children for denying the request of children’s grandparent s to have more visitations of the children born out of wedlock than their mother’s interest to give to them.
The decision of the court is to deny the request of the grandparent and holding the no parental visitation statue of Washington “breathtakingly broad” as it stated that anyone my petition the court for visitation rights at all times. On the other hand, the US Supreme Court ruled that this law is to be an absolute infringement for the parents Fourteenth Amendment due process right.
The decision of the Troxel went on to rule that state laws have to give any special weight to every fit parent’s determination as they believe in the best interests of their children where there is a problem related to the visitation between any third-party and a parent. The third-party must burden to prove that the overall request for visitation would be the best interests of the children in any visitation dispute. It is the best suitable time for exploring the new non-parent visitation rights in Washington effective from June 7, 2018. These rights are regarding the overall facilities for non-parent relatives to file for the non-parent visitation with a child.
Focus on the visitation rights in detail
All beginners to the visitation rights in Washington these days think about who can file for the non-parent visitation. They have to understand and remember that any blood relative of the spouse, step-sibling and half-sibling can file for non-parent visitation. Individuals cannot file for the non-parent visitation when the court terminated their parental rights or they have surrendered their parental rights.
The law in Washington about non-parents’ right to visitation changed effective from June 7, 2018. This is worthwhile to file this case in the superior court in the county where the child lives. Non-parents must submit a proper petition along with the affidavits from people who support the request for visitation. The court decides possibilities to give them rights to visit and schedule the hearing after reading the paperwork submitted. The custodial parent can fight against anyone to get the visitation right.
Make a good decision
You may do not know about the substantial and ongoing relationship with the child at this time. You had a good association formed and kept it up via the companionship, interaction, affection and mutual concern devoid of any desire for the financial settlement with extensive continuity for a couple of years.
If the child is under two, then both parents think about the ongoing and substantial relationship. They must be involved in the life of the children as abovementioned for at least a half of the life of the child with some shared expectations for ongoing relationship. They have to prove the substantial risk of harm when it does not and granting their petition is the best interest of the child to get the visitation right from the court. Nobody can file for the child visitation more than once.
As a parent, you may think about whether you have the right to decide not to let someone to visit your child and the court listen to your words. You have to keep in mind that the court presumes that a decision of the fit parent for denying visitation is in the best interest of the child. Anyone asks the court regarding the visitation has the responsibility to prove by convincing and clear that visitation denial would cause harm to the child. This situation is more difficult than the preponderance of the evidence in some civil cases.
Be aware of the rights at first
Many men and women keenly focus on basics and complex things in the rights of grandparents and relatives for the child visitation. There is a law in Washington to let relatives by marriage or blood about the potential chance to gain the entire visitation rights with a child. This child is not the own biological child of these relatives. Every non-parent must prove that they have a good and strong relationship with a child and such child will suffer from harmful things when their visitation is denied. They have to prove certain things as per the new law associated with this case.
The new child visitation law in Washington is not just for grandparents, but also for relatives by marriage or blood. Some of these relatives are the family member’s of the adopted child, any half-blood family member, step-family member, a spouse of any person allowed by the law to visit the child and anyone defined by the tribe as an extended member of the family of the child who is a Native American tribal member. There are loads of significant procedural requirements related to the child visitation. Everyone with an idea to request for the child visitation can apply for it in the court where the child primarily lives. Once the court denied such request, they cannot ask for the child visitation again. Biological parents get the legal notice regarding the visitation request from non-parents.