Lack of contact with a parent can have devastating effects on a child’s development, both emotionally and psychologically. Custody and visitation are often left to a family court judge to decide when couples can't resolve disputes over custody issues.
Divorce is rarely beneficial to children. The obvious exception of course, is in cases of child abuse or an unstable parent. By far one of the worst results in the aftermath of divorce is that the child/children will have to split their time between parents. This can be difficult on everyone involved. Perhaps you’re a child of divorce yourself and you remember the issues it raised for both child and parent. It’s a good idea to find common ground focusing on a solution that will ultimately benefit the children’s well-being. Under child visitation laws, it is considered a privilege for a parent to be granted visitations and not a guaranteed right.
This can happen if the court should find sufficient reason, a parent may be denied visitation - the right to see his/her children. In this case one parent usually gets sole custody. However, the parent without visitation rights (non custodial) may still be ordered to pay child support to the parent who was awarded sole custody (custodial).
Another scenario that might occur is that one parent may be granted visitation rights and also ordered to pay child support. Once visitation rights are awarded, they can’t be taken away even if the parent fails to pay as ordered by the court. As frustrating as this can be, that parent will still be allowed to visit with the children. However, there are other legal means that can be used in order to try to force the parent to pay child support. But a loss of visitation rights is not an option unless you return to court to modify your child custody agreement, specifically child visitation.
It’s always better if parents are able to work out their own schedule for their children’s visits, as they know what’s best for their children and them. Occasions when terms cannot be reached, use of a third party (mediator) may help bring about a fair and reasonable joint resolution. There are many great family mediators who do wonders in helping parents come together. The court will almost always approve a schedule that parents create and agree upon.
When parents are unable to come to an agreement, the courts must step in and they risk having to live with a schedule that might be hard on one of more family members. At the hearing, all sides will be heard, relevant information considered, then, the court will make a decision. When this happens, parents are obligated to go along with court ordered custody and the child visitation schedule.
Custody laws along with child custody rights are designed to make sure the best interest of the child/children is honored. However, sometimes the court will make a decision that one or both parents don’t agree with. All options to come-up with their own schedule should be exhausted, and the courts only be used when parents absolutely can’t reach an agreement of their own. Child visitation laws ensure that everyones’ rights are protected, but these laws are paramount in protecting children. |
