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If you and your spouse are getting a divorce or just separating and there are kids involved the most important task ahead of you is to decide concerning issues such as custody and visitation. Divorce breaks the bonds between husband and wife, custody splits the bonds of parenting. It is imperative for both parents to remember that every child has a right to a continuing relationship with each parent.

Although the tendency is changing, it is the case that the usual judicial attitude about awarding custody most often 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 starting to enjoy a parenting role. In the case of where the father has visitation rights, it is very importantthat these rights are not interfered with.

In an ideal situation parents cooperate to see that the kids spend a maximum amount of time with each parent. However, as is often the case, this ends in the parent who doesn’t have custody, which is often the father, getting very little visitation time with his children, and frequent angry arguments about delayed visits and children not being ready on time. In order to avoid these situations, numerous judges insist that the parents to create a fairly detailed custody schedule (known as a parenting agreement or parenting plan) which consists of a specific visitation schedule and also specifies who has responsibility for both the daily decisions and major decisions concerning the welfare of the children.

If you and you ex have already created a custody schedule that has formed part of the official custody decision then your visitation rights are protected by law and can be enforced by the court. Apart from times when it would be reasonable for visitation times to be changed, such as sickness, appointments, special occasions etc. regular interference with visitation can even be used as an argument that there is a change in circumstances which can lead to a modification of the custody schedule. In some states it can even be grounds for giving custody to the parent who has had their visitation rights interfered with.

Visitation schedules are often established as a test period. 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. Later, however, if either parent refuses to comply with the new arrangement, because the new agreement hasn’t been approved by the court it may be difficult to enforce their rights. Therefore it is most advisable to get any modifications approved by the court.

For the non custodial parent, ensure that your parenting schedule is very precise about your visitation rights, including holidays, the amount of hours and the places you can see your children. It is considered a crime in most states to interfere with custody and visitation rights. It is 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.

Often, a father stops paying child support in retaliation for the mother interfering with his visitation rights. It is a mistake to confuse child support with custody and visitation. You must always pay your child support no matter what. There are heavy penalties for failing to do so. Every parent has the duty to support their children.

A major study identified a revealing connection between custody and visitation plans, degrees of conflict and the payment of court-ordered child support. Fathers continued paying child support more often when they had frequent daytime visits and overnight stays with their children. , they became less likely to continue paying child support.

In some situations, one parent may use visitation as a tool to get back at the other parent. Even the minutest detail, such as transportation, is often utilized as a manipulative weapon. Visit Child Custody Information for detailed information on how child custody schedules can protect your visitation rights.

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