Child visitation issues can be a real challenge after a divorce. If you're struggling with the stress of wanting to spend time with your kids while keeping your distance from your ex-spouse, getting a better understanding of the basic law regarding visitation rights can empower you and ease some of your distress.
How is a visitation schedule established?
If you are able to come to a reasonable agreement with your ex about visitation terms, then the court will likely support the plan and establish it as a court order. If you are unable to reach an agreement on your own, then a judge will decide the issue for you based on what is in the best interest of the child and what is reasonable under the circumstances of your case. Once the court approves a visitation plan, it becomes legally enforceable. Not all visitation schedules set out specific dates and times for visitations. Some just provide general structure, like stating that the non-residential parent should have a certain number of hours of days per week of parenting time, and then leave the details up to the parents to decide. The order could even just say that the non-residential parent gets "reasonable" time with the child. However, a judge will only order a flexible schedule if it's clear the parents can get along well enough to share parenting time without a structure being imposed. Who decides the visitation schedule?
What if I need to change my visitation schedule?
Life is full of changes. You may have a new job or other obligations that limit your availability and require you to ask for changes to your child visitation schedule. If the other parent is agreeable, all you need to do is agree on a new schedule and submit it to the court for approval. However, if the other parent isn't willing to agree to a change, you may have to ask a judge to modify the current order. In some states, you can't seek a change to a custody order until a certain period of time has passed unless the child is in danger in the current situation. And even after the required time has passed, you have to show a change of circumstances before a judge will modify the schedule.
What is supervised visitation?
Supervised visitation is generally imposed when there is a history of abuse in the family home. An abusive parent will be allowed visitation, but only with an authorized person present who can supervise the visit and ensure the child's safety. The visit may take place at the visiting parent's home or at a neutral location--there are child care centers that offer this service.
Are grandparents allowed visitation?
Grandparent visitation statutes exist in most states, but they vary depending on the jurisdiction, so you will have to look to your own state law to find out the rights of grandparents where you live. Grandparents can generally ask for visitation after the death of a parent if the surviving parent is not allowing the grandparents to spend time with the child, but some states won't interfere with the surviving parent's decisions about who spends time with the children. The court will determine what is reasonable given the state law and the facts of the case.
What can I do if the other parent is not following a visitation order?
If the other parent isn't complying with a court-ordered parenting schedule, try mediation first if at all possible. In most places the court will order you to mediation anyway. Spend some time seeing whether you can adjust the schedule or make other changes that will allow for full compliance with the order. However, if the other parent repeatedly fails to meet the requirements of an order, you may have to go back into court and ask the judge for a change.
Can I be required to pay child support if I am only allowed limited visitation with my child?
You are always legally required to pay court-ordered child support even if your right to visit with your child is limited and even if the other parent is interfering with your visitation. Child support is determined based on the incomes of the parties, the needs of the children, and the amount of time the child is with each parent. If you aren't getting to spend time with your child even though the court order gives you visitation rights, ask the judge to enforce the order, but don't withhold child support.
