Visitation Rights of Divorced Spouse

By Jamie Hanson

In many cases, the father or even grandparents end up getting sole custody of children after a divorce. The child-custodial decisions are made and accepted by a divorce court after scrutinizing the specific needs of a situation on a case-to-case basis. Whatever may be the case, is one parent or grandparents have been vested with the primary responsibility of child rearing after a divorce, the "other" parent will still hold his or her right to visit the child.

The visitation rights are a subject of much controversy, and in cases where the divorced spouses have geographically moved apart or one parent has succumbed to alcoholism, drug addiction, or crime, visitation rights, though in-tact on the legal document, become an issue of much debate very often leading to further legal proceedings against one non-cooperative parent. Many times, the parent who has the "upper hand" may cleverly manipulate the children and the situation to stop the spouse from having any contact with children.

Legal Recourse to Violated Visitation Rights

Considering many problems that may surface after a divorce regarding a mother or a father's visitation rights, an individual as the right to take further legal consultation in any or all of the following situations:

If a parent vested with "sole custody" abandons the child or children.

If a parent with joint custody and child support commitment, refuses to pay child support.

If a parent with sole custody deliberately moves far away from the divorced spouse to prevent any future connection between the children and the other parent, thus violating that person's visitation rights.

If a parent with sole-joint custody refuses to involve the divorced spouse in any issue relating to the child although he or she is legally obligated to do so.

Nasty Post-Divorce Battles over Child Custody

The subject of sharing a child or children after a divorce can get difficult and nasty if the ex-spouses still hold a grudge against each other and refuse to co-operate in matters relating to their children.

In many cases, while counseling one difficult parent before or during the divorce and anticipating further problems between divorced spouses after the divorce, legal and social counselors jointly decide to give "full custody" to only one parent till the child or children grow up to be adults.

In divorce situations, where extreme personality disorders or conflicts have prevented any sharing of children between two resentful spouses, divorce courts have willingly accepted and granted full custody to one parent with the understanding that the child or children, as grown-up adults one day, will make up their own minds about preserving connections with their parents.

Divorce and child-custody related decisions very often leave permanent scars on the minds of the involved family members. All said and done, a family break-up on the first place is not highly desirable and once such a decision has been made, whatever comes along with it must be gracefully accepted by both the spouses.



Writer writes for an Austin divorce attorney who centers his practice on Austin divorce.




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