Fathers Custody Rights - How To Enforce Your Visitation Rights

Category:

By Omar Morin

If you and your partner are getting divorced or separated and there are children involved the most important task ahead of you is to make a decisionconcerning issues such as custody and visitation. Divorce breaks the ties between husband and wife, custody splits the ties of parenting. It is important for to remember that a child has a right to a continuing relationship with both parents.

Although the trend is being reversed, it is the case 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 starting to be recognized as having a role as parents. In the case of where the father has visitation rights, it is very importantthat 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. However, as is often the case, this ends in the parent who doesn't have custody, which is often the father, getting very little visitation time with his children, and many angry arguments about cancelled visits and last minute delays. In order to avoid these situations, numerous judges now prefer the parents to work out 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 already have a visitation schedule that can be enforced by law. Apart from times when it would be reasonable for visitation times to be changed, such as when someone gets sick, or certain appointments need to be made, or other special circumstances frequent 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.

Visitation schedules are often established as a test period. Either spouse does not know what the future will hold as far as how their parent child relationship will develop. In some cases parents modify the parenting plan without going to court as the needs of the child change over time. If one parent, however, later reneges on 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.

As a non custodial parent, your visitation schedule should contain in detail the times and days that 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 crime is commonly 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.

Often, a father stops paying child support in retaliation for the mother interfering with his visitation rights. Custody and visitation should not be confused with child support. Regardless of how your visitation rights are interfered with, you must always pay child support. You may face heavy penalties for failing to meet your obligations. Every parent has the duty to support their children.

A major study identified a revealing connection between custody and visitation schedules, levels of conflict and the payment of court-ordered child support. Fathers were more likely to keep up with paying child support when they spent regular and frequent time with their children, including daytime and overnight stays. As they became less involved in the children's lives, the less likely they were to keep paying child support.

About the Author: