After your divorce has been finalized, you still face the issue of becoming a reliable and responsible co-parent with your former spouse. Due to how emotional divorces can be, some people struggle to set their feelings aside and act in the best interests of their children. For instance, one parent may continually have scheduling conflicts that prevent them from following the custody agreement. Let’s take a closer look at what visitation is, how people violate it, and what you can do when that happens.
Child Custody & Visitation
During the divorce process, you will have to divide your assets, debts, and even the time you spend with your children. Understandably, not being able to be around your children as much as you were when you were married can be challenging. However, children should be given time with each parent if it is in their best interest.
Child custody and visitation orders outline:
- Pick and drop-off times and locations
- How transportation will be handled
- Changes to the usual schedule in regards to holidays, birthdays, etc.
People who are successful at co-parenting can adapt and accommodate one another. It takes open and honest communication to get there, and it may take time to develop that type of relationship.
Challenges to Visitation
Though it can come in many different forms, the other parent cannot interfere with court-ordered visitation. For example, imagine one parent who continually books appointments, camps, or activities around your scheduled time. Another instance is when one parent is behind on child support (which is a serious issue), and the other withholds visitation as a form of retaliation.
Forms of Resolution
Both the local authorities and the courts can help enforce the visitation order. The custody agreement is an order that the court issued, and there are legal repercussions for failing to abide by it. (The same extends to the parent not receiving child support.) Both people can reach out to their attorneys for advice on proceeding. When one parent interferes with the other’s visitation, there could be criminal charges or even a modification to the existing order.
It is important to note that filing a contempt action against your former spouse should be your last resort instead of your first step. Begin by talking to your former spouse and then documenting each violation. Include the time, date, and what happened so that your attorney can have what they need to fight for your visitation rights.
The Grey Legal Group, APC
At The Grey Legal Group, we understand that you may still require legal representation after your divorce has been finalized. Our attorneys can represent and assist you in enforcing child custody and support. To speak with one of our lawyers, contact us to schedule a consultation.
The Grey Legal Group
