When parents divorce or separate one of the most important things to work out is who the children live with and how much time they can spend with the other parent. Divorce splits the ties between husband and wife, custody breaks the bonds of parenting. It is important for each parent to understand that has a right to a continuing relationship with each parent.
Although the trend is changing, it is true that the usual judicial attitude about awarding custody most often favors women. For whatever reason, it has been the precedence set in the past and traditionally many judges find it difficult to change their ways. Nevertheless, modern attitudes are changing and fathers are beginning to enjoy a more significant role as parents. In the case of where the father has visitation rights, it is important that these rights are not interfered with.
The best case scenario is where the parents co-operate with each other to give the children lots of time with each parent. Sadly, it often ends up with the non custodial parent (usually the father) spending very little time with the children, and frequent bitter arguments over missed visits and inconvenience. To offset such problems, numerous judges insist that the parties to devise a rather detailed custody schedule (known as a parenting agreement or parenting plan) which sets out the visitation schedule and outlines who has responsibility for decisions affecting the children.
If you and you ex have already created a custody schedule that has formed part of the official custody decision then you can apply to the court to have your visitation rights enforced. Even though there may be times that you might have to compromise on visitation dates, such as sickness, appointments, special occasions etc. regular interference with visitation may even be cited as an argument that there is a change in circumstances which can lead to a modification of the custody schedule. In some states it can even be grounds for giving custody to the parent who has had their visitation rights interfered with.
To begin with, visitation schedules are simply trials. Either spouse does not know what the future will hold as far as how their parent child relationship will develop. Typically visitation schedules do change and it can often be modified without the use of the court. But if one parent then goes back on the terms of the agreement, because the new agreement hasn’t been approved by the court it may be difficult to enforce their rights. So it is generally advisable to obtain court approval when modifying custody or visitation terms.
If you are the non custodial parent make sure your parenting plan is very precise and detailed in when, where, and how you are allowed to spend time with your children. It is considered a crime in most states to interfere with custody and visitation rights. It is referred to as “custodial interference”. Depending on the state, parents can actually sue the other person for damages if their custody rights are interfered with, as well as get help from law enforcement.
Some fathers make the mistake of holding back their child support payments because the mother has stopped him from seeing the children on occasions, or has made it difficult for him to spend time with them. Custody and visitation should not be confused with child support. No matter what the circumstances, you must always pay child support. There a big penalties for fathers who fail to meet their financial obligations. Every parent has the duty to support their children.
One important study discovered a telling relationship between custody and visitation schedules, degrees of conflict and the payment of court-ordered child support. Fathers were more likely to keep up with paying child support when they had frequent daytime visits and overnight stays with their children. , the less apt they were to keep paying support.
Is your ex making it impossible for you to see you children? At Child Custody Information there is lots of information on child visitation laws including answers to the most commonly asked questions about child visitation laws.
Tags: Divorce by Tyler Rocha
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