Archives : Custody

  • When a Parent is Denied Visitation

    It is painful enough to have your child taken away from you by your ex-spouse but when you are denied visitation, the hurt just never stops. Sometimes the affected parent acts without even thinking. Emotions start to take over and the parents end up hating the system and the spouse.

    If you are denied visitation, you should understand why this happened and what options are available for you.

    Why Visitation is Denied by the Court

    To be denied by the courts to visit your child is a rare event. A common exception is the issue of visitation safety. This is when the court believes that your visitation would pose an emotional or physical danger to your child or children.

    The judge may require you to attend anger management classes, drug treatments, parenting classes, or alcohol rehabilitation before the regular visits resume. If the court requires any of these, you should comply immediately to show that you’re committed to having regular time with your children.

    Alternatives

    Instead of denying the parent, child visitation, the courts would allow supervised visitation. When this happens, the affected parent may or may not have the decision about where the visit would happen or who will supervise the said visit.

    Once the judge issues supervised visits, make certain you obtain the necessary details about the visits—who will supervise, the length of the visit, and where the visits will take place. You should also find out if there are other requirements (one example is the completion of drug rehab requirement) for the supervised visitation to end or if the supervision is merely temporary.

    Child Support and Visitation

    If the parents finally divorce, parents worry about not being able to send child support because this could be a strong ground for losing visitation or child custody. The consequences of being unable to pay child support in full and on time are:

    • Suspension of your driver’s license
    • Wage deduction
    • Incapability to get a passport
    • Imprisonment

    Losing your privilege to visit your child is not a standard punishment for being unable to pay child support.

    What to Do When You are Denied Visitation

    Maintain a log of what happens each time you are denied child visitation.

    Talk to your ex-spouse to find out why your visitation is denied and what you can do to remedy it. It is best to talk alone without your kids hearing your conversation.

    If you have a new partner, clarify the boundaries. Try to set specific lengths of time to spend with your new partner, especially if your ex is upset that you are now dating someone new. Once there is an established visitation plan, you can establish trust with your ex-spouse.

    If your spouse is the only one denying you your rights to visit your children, it is best to call the police to escalate the situation after formally filing visitation rights.

    It is always best to follow the courts when it comes to establishing child visitation. Knowing what you can do once you are denied this right helps accelerate the process of resuming your time with your kids.

    If you are in the process of getting a divorce and you know it’s going to be a challenge to adjust after the marriage ends, it is best to talk to your family law attorney. This way, you can understand your options more clearly and start your new life more smoothly.

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  • Child Custody Laws

    Child Custody Laws differ from state to state. You need to check with your state’s laws to get the most current information. When it comes to child custody Laws, there are a few states that have all the procedures laid out for the separating parents and there children. The judges must follow these guidelines to assist in determining the custody of the children during and after a divorce.

    There aren’t many federal laws that apply to children’s custody, with the exception of transporting across different state lines. States do have differing laws that deal with jurisdiction between other states, but not all states have this understanding however. So if one parent lives in one state and the parent and children in another, the state where the children reside will have more influence. Of course you must take into consideration which state the separation and custody papers where filed.

    Child custody Laws are designed with interest of the children as the first priority. Child custody laws are designed to prevent custody going to abusers of drugs or alcohol. Laws are also in place that prevents the children from going to an environment where there is clear mental or physical abuse. Most states prefer joint custody between the parents, where both parents can be a functional part of raising the children. The parents would share both physical and legal custody of the children.

    It’s really important to understand these two distinctions in the Child custody laws. Physical custody is where the children are residing. When a child lives a large portion of time with one parent, that parent has what is known as physical custody. Often times during the summer months children leave one parent to live in the house of the other. During those situations physical custody moves from one parent to the other.

    Legal custody is the right and responsibility to make important decisions regarding health, education, and well being issues. Often both physical custody and legal custody are with the same parent, unless the parents have joint custody. During those situations the court may decided that where the children reside at the time that that parent can determine what is best for the children at the time. However is would be wise to have a consensus between the parents.

    Again, research the child custody laws of your state or province to determine what the best solution is for you during these trying times. Always have the children’s best interest when making these decisions.

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  • Trips, Traveling, and Vacation With Your Children Post Divorce

    After the divorce, family trips should still continue to be enjoyable and memorable. When moving forward, families will benefit greatly when both parents come up with a solid plan in regards to the vacation time with the children. Concrete plans help ensure certainty and stability in the child(ren)’s lives.

    In a comprehensive parenting plan you will be addressing parenting time for every vacation and holiday in which the children will either spend time with one parent or the other. This is one of the most critical pieces in how both parents will work out their co-parenting. During this time you will address logistics and decision making on behalf of your child(ren).

    Many questions may arise during this period and you will need to consider and limitations that one or both of you will need to consider Some of the questions that may arise are:

    Will there be a “significant other present” during these times?

    Who is allowed to travel with the children?

    How will communication take place between the parents and the children during traveling?

    Will the children be missing any schooling time?

    Serious consideration needs to be given during the developmental plan. This plan gives each parent the chance to voice preferences, thoughts, and concerns when it comes to co-parenting. Even if both parents are great at communicating, it’s always a great idea to use the child(ren)’s school calendar so that there is a default schedule so that certain expectations can be met when it comes to spending the needed or wanted time with the child(ren).

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