Fathers Custody Rights – What Does Visitation Rights Mean?
When parents divorce or separate one of the most important things to decide 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 splits 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 trend is being reversed, it is the case that the usual judicial attitude about awarding custody usually favors women. For whatever reason, it has been the precedence set in the past and traditionally many judges find it difficult to change their ways. Nevertheless, modern attitudes are changing and fathers are beginning to enjoy a role as parents. In the case of where the father has 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. Unfortunately, all too often this ends up with very little visitation time with the non-custodial parent, and lots of angry arguments concerning delayed visits and children not being ready on time. To avoid such problems, numerous judges now prefer the parties to work out a rather detailed custody schedule (known as a parenting plan or parenting agreement) 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. Apart from times when it would be reasonable for visitation times to be changed, such as sickness, appointments, special occasions etc. frequent interference with visitation can even be used as a case for change of circumstances and used to modify the custody decision and even have custody reversed.
At first, the visitation schedule may be more of a trial periods. Neither parent knows how the relationship with each child may change and develop. 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 it is generally advisable to obtain court approval when modifying custody or visitation terms.
As a non custodial parent, your visitation schedule should contain in detail the times and days that you are allowed to spend time with your children. In most states, it is a crime to interfere with custody or 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.
Some fathers make the mistake of holding back their child support payments because the mother has stopped him from seeing the children on occasions, or has made it difficult for him to spend time with them. 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 are heavy penalties for failing to do so. Every parent has the duty to support their children.
One important study discovered a telling relationship between custody and visitation arrangements, levels of conflict and the payment of court-ordered child support. Fathers were more likely to keep up with paying child support when they had frequent daytime visits and overnight stays with their children. As they became less involved in the children’s lives, the less likely they were to keep paying child support.
All too often, 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.