When parents get divorced one of the most important things to consider is who the children live with and how much time they can spend with the other parent. Divorce breaks the bonds between husband and wife, custody breaks the bonds of parenting. It is important for both parents to remember that every child has a right to an ongoing relationship with both parents.
Although the tendency is changing, it is true that the typical judicial attitude about awarding custody usually 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. Nevertheless, modern attitudes are changing and fathers are starting to have a more significant parenting role. In the case of where the father has visitation rights, it is very importantthat these rights are not interfered with.
Ideally, both parents should work together to make sure that the children get to spend the most time possible with each parent. Unfortunately, all too often this ends up with very little visitation time with the non-custodial parent, and many bitter arguments about missed visits and inconvenience. To avoid such problems, lots of courts order the parents to devise a fairly detailed custody schedule (known as a parenting plan or parenting agreement) 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 have agreed on a parenting plan which has been ratified by the court in the final custody decision then you already have a visitation schedule that can be enforced by law. 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 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. But if one parent then goes back on the terms of the agreement, the other person may not be able to enforce it unless the court has approved the modification. 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. Most states consider it a crime to interfere with custody and visitation rights. This is a crime commonly known as “custodial interference”. The wronged parent can get assistance from law enforcement officers and can even sue the other person for damages if their custody rights are interfered with.
Often, a father stops paying child support in retaliation for the mother interfering with his visitation rights. It is a mistake to confuse child support with custody and visitation. Despite what the mother may do, 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.
A major study identified a revealing connection between custody and visitation plans, levels of conflict and the payment of court-ordered child support. Fathers continued paying child support more often when they had regular and frequent daytime and overnight visits with their children. As they became less involved in the children’s lives, the less apt they were to keep paying support.
In some situations, one parent may use visitation as a tool to get back at the other parent. Even the smallest detail, such as transportation, is often utilized as a manipulative weapon. Visit Child Custody Information for detailed information on how child custody schedules can protect your visitation rights.
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