When parents separate one of the the major considerations is who the children live with and how much time they can spend with the other parent. Divorce breaks the ties between husband and wife, custody splits the ties of parenting. It is imperative for both parents to understand that a child has a right to an ongoing relationship with both parents.
Even though the tendency is changing, it is true that the typical judicial attitude about awarding custody most often favors women. Many judges still feel that women are naturally better at mothering than fathers are at fathering, and these judges will always show a bias towards the mother. However, with the changing of socio-economic structure of contemporary society, fathers are starting to have a role as parents. In the case of where the father has visitation rights, it is imperativethat these rights are not interfered with.
In an ideal situation parents cooperate to see that the kids spend a maximum amount of time with each parent. Unfortunately, all too often this ends up with very little visitation time with the non-custodial parent, and many angry disputes over cancelled visits and last minute delays. To offset such problems, many courts now prefer the parties to devise a fairly detailed custody schedule (known as a parenting agreement or parenting plan) which consists of a specific visitation schedule and also specifies who has responsibility for both the daily decisions and major decisions concerning the welfare of the children.
If you and you ex have already created a custody schedule that has formed part of the official custody decision then you already have a visitation schedule that can be enforced by law. Although it is reasonable that there may be various times that visitation time might need to be adapted, as in when someone gets sick, or certain appointments need to be made, or other special circumstances regular interference with visitation can even be used as a case for change of circumstances and used to modify the custody decision and even have custody reversed.
To begin with, visitation schedules are simply trials. each parent has little idea of what changes their relationship with the child might go through as the child grows. Very often the needs of parents and children mean that the parenting plan is often modified without going to court. If one parent, however, later reneges on the agreement, it may be difficult for the other parent to enforce the modified agreement because it hasn’t been ratified by the court. So please be sure to get any modifications to the parenting plan court approved.
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. This is a crime commonly known as “custodial interference”. In most states, the parent deprived of custody may sue the taker for damages, as well as getting help from the police.
Often, a father stops paying child support in retaliation for the mother interfering with his visitation rights. Please don’t confuse custody and visitation with child support. You must always pay your child support no matter what. You may face heavy penalties for failing to meet your obligations. Every parent has the duty to support their children.
One important study discovered a telling relationship between custody and visitation plans, the amount of antagonism between parents and the payment of court-ordered child support. Fathers were more likely to keep up with paying child support when they had regular and frequent daytime and overnight visits with their children. , the less likely they were to keep paying child support.
Are you the victim of a manipulative ex who is interfering with your visitation rights? If you are constantly being denied the right to have contact with you children, then visit Child Custody Information to find out how to choose the right child custody lawyer to make sure your ex does what the courts say.
