As the parent with sole custody, you might be tempted to mess around a bit with your ex's visitation rights. You should know that you might be able to adjust things temporarily but anything beyond that, more steps will need to be taken. When visitation problems occur, taking the right steps is vital. Read on and find out more.
Orders Are Not Meant to be Completely Inflexible
Almost all divorced parents acknowledge that things don't always go according to plans. Life can be busy and chaotic even when you aren't coping with child custody and visitation issues. No matter how well-thought-out a visitation plan might be, emergencies can happen. If your spouse, for example, gets a flat tire on the way home from the weekend visitation, don't jump to conclusions. Save your concerns for more serious and annoying breaches in visitation plans. Temporary time and day adjustments don't need to be brought before a family law judge. Try to stick to the plan as much as possible, however.
When More Permanent Changes Are Necessary
When it seems that your parenting plan needs to be updated, you might need to seek a court hearing. Things that might prompt a change include:
- When a party moves away from the area.
- When a child is old enough to ask for a change or has enough independence to move between the parties on their own (such as teenagers who can drive or use public transport).
- When one party alleges that the other is unfit to spend time with the child.
- Unless all parties agree with the changes, expect to both show proof of the need and to fight your spouse about it.
When Changes May Be Unnecessary
Not all issues merit permanent changes to the plan, however. For instance, many parents are so upset about late or missing child support payments that they withhold visitation privileges. That is not okay. The family court wants the child to benefit from spending time with both parents — even if they are behind on child support. Parents should contact the child enforcement agency in their area and let them take care of things from their end.
Emotional issues can surface when parents must come into contact with each other often because of the children. Unfortunately, that also means parents may want to withhold or change visitation when they are upset with the other parent, don't like the parent's new love interest, or just want to inflict vengeance on their ex. Not only will the court disagree with that parent, but they could be placing their own custody or visitation privileges at risk.
For more information on family law, contact a lawyer near you.
