When parents divorce or separate one of the the major considerations is custody and visitation schedules for the children of the relationship. Divorce splits the ties between husband and wife, custody splits the bonds of parenting. It is imperative for each parent to remember that every child has a right to a continuing relationship with each parent.
Although the tendency is being reversed, it is true that the usual 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. However, with the changing of socio-economic structure of contemporary society, fathers are beginning to have a role as parents. When a father has been given visitation rights these rights must not be 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 lots of angry arguments about cancelled visits and last minute delays. To offset such problems, numerous courts now prefer the parties to create a considerably 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 your parenting plan has already been recognised by the courts 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, for example when someone gets sick, or certain appointments need to be made, or other special circumstances frequent 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.
At first, the visitation schedule may be more of a trial periods. 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. 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. Therefore it is most advisable to get any modifications approved by the court.
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 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.
A common trap that many fathers fall into is not paying child support because the mother is stopping them from spending time with the children. It is a mistake to confuse child support with custody and visitation. You must always pay your child support no matter what. There are heavy penalties for failing to do so. Every parent has an duty to support his or her children.
A major study identified a revealing connection between custody and visitation schedules, levels of strife 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. The less involved with their children’s lives they became, the less apt they were to keep paying support.
In many cases, one parent may use visitation as a means to get back at the other parent. Even the minutest detail, such as transportation, can be utilized as a manipulative weapon. Visit Child Custody Information for detailed information on how child custody schedules can protect your visitation rights.
Tags: child custody, child custody information, child custody visitation, divorce, Home and Family, legal, parenting, post divorce, Relationships