Five Things To Know About Denying Visitation
If you have been appointed the sole physical custodian of your child, it's likely that the other parent will be awarded visitation. To find out more about visitation and what might happen when things don't go according to plan, read on.
- Visitation and child custody are legal matters and may be part of both the legal separation agreement and the final divorce decree. In some places, provisions dealing with children are referred to as parenting plans, and those may encompass custody, visitation, and child support.
- Since visitation plans are contained in an order signed by a judge, parents are not free to change things on their own. In most cases, you must return to court where the judge will hear a parent's request to alter the arrangements.
- As children get older, visitation arrangements should be re-examined to ensure that they are still in the best interests of the child. Parents wishing to make changes should keep the best interest of the child in mind since that is the overall credo of the family court system. The judge may not approve a change that is more for the convenience of the parents than the child.
- A big issue with divorcing parents is child support. The courts take a very hard stance on parents who don't meet their court-ordered obligation. If you are receiving child support for your child, it's vital that you take the proper channels for rectifying the situation. Speak to the parent first and then report the matter to the child support enforcement agency in your area. What parents should not do, though, is deny visitation to a parent who is not paying child support. This is seen as unfairly punishing the child, and it goes against visitation orders. Child support issues should be dealt with separately.
- As parents move on, they may form new relationships, and this can sometimes bring friction to visitation arrangements. Dealing with a parent and their new relationship while they have visitation with a child can be tricky. You cannot deny visitation just on the basis of not liking your ex's new friend. If, however, the new person in your ex's life is unsuitable in some way, you should take action. That might mean contacting your divorce lawyer if you suspect or know that your child is being exposed to drugs, alcohol, crime, abuse, or other negative influences.
Denying visitation without a very good reason could cause the custodial parent to be held in contempt of court. If problems occur, take the correct route and speak to your family attorney about a hearing to discuss things with the judge.