How to Get Child Visitation on Your Terms

During the divorce proceedings it should be determined which parent will be given custody of the children. The other parent (non-custodial), will be given child visitation rights.

Normally the visitation schedule is prepared at the final divorce agreement and uses input from both parents. When developed, this schedule gives the non-custodial parent visiting rights to his or her children. It is rare if one parent is not allowed to see their child so unless the family court finds reason to object, child visitation rights is almost always guaranteed to the non-custodial parent.

The courts are giving both parents the ability to develop a healthy relationship with their children by allowing visitation rights. Should a change be needed to the schedule then it can be accomplished using a court order. A number of factors could cause this to happen… like a major change in circumstances or the inappropriate conduct of one parent.

In some cases where the parents fail to reach an agreement on sharing time with their children, it is up to the courts to set a visitation schedule. A court ordered schedule will set forth the times and places for visitation. Instead of allowing visitation access to both parents, the courts may decide it is in the best interest of the child to grant sole custody to only one parent. This could occur if the court determines the child would be seriously endangered visiting with the non-custodial parent.

But the courts prefer child development utilizing both parents so they seldom prohibit visitation to a parent. However, it is not unrealizable for the court to place certain requirements on the visitation restrictions such as requiring the supervision by a third-party, or require it occur at a specific time and location.

The visitation schedule is most importance for the non-custodial parent. The following tips will help insure that your child visitation rights continue without any problems.

Schedule Visitation Transfers

The courts may have ordered the visitation transfers to occur at a certain time and location but usually the parents have decided what works best for them. You, as a parent, should try to always be prompt when picking up or returning your child. Please do not cause a delay. It is possible that one parent may have a scheduled event planned and delays at visitation transfer will only cause further conflict.

All Important Vacation and Holiday Schedule

It is important to work together on creating the holiday visitation schedule. You will need to be flexible with these schedules. Handle holidays like Mothers Day and Fathers Day carefully. They have special meaning so the visitatations should be scheduled likewise. Be flexible when it comes to the Thanksgiving and Christmas vacation and holidays too. The parents usually have to share the children more during these holidays. Spring breaks and summer vacations also allow a great time to share the kids and introduce them to new and challenging activities.

Focus on the Child

Working toward the best interest of the child should be most important for both parents. Keeping and maintaining a close and loving relationship with their parents is still very important to the children of divorced parents. Your most important task should be to keep the visitations interesting, enjoyable and mostly for the benefit of your child.

Learn more about getting: Child Visitation Rights

Get additional information on: Child Custody Visitation

Enforcing a Child Custody Order Or Visitation Agreement

By Ken LaMance

Violations of a child custody order or a visitation agreement can be serious and sometimes frightening because they might involve actions that pose a danger to the well-being of a child. If you feel that your child is involved in such a violation, you have several options both under civil and criminal law. Regardless of whether the remedy is sought under civil or criminal law, the other party is still entitled to notice and a proper hearing.

Civil Remedies

Civil remedies usually involve some form of monetary reimbursement or court order decreeing that the other spouse do something or refrain from doing something. Unlike criminal remedies, civil remedies are aimed at alleviating the wrongdoings rather than punishing the offending person. Some civil remedies for violations of a child custody order are:

• Contempt of court: The court may hold the violating party in contempt of court if there has been a previous court order involved. Contempt of court typically involves a fine for the violating party, as well as further orders and instructions, such as returning the child to the other parent.


• Injunctions and Restraining Orders: These are court orders which require the other party to take certain courses of action or to refrain from certain acts. These can include orders to stay a certain distance from a child, or orders not to contact the child. The party seeking an injunction or restraining order must usually be able to prove that other remedies (such as money damages) are insufficient to correct the situation.


• Monetary damages: In certain cases, one parent may be able to obtain money damages if the violation has resulted in ascertainable (provable) losses to the parent or child.


• Modification of the child custody/support/visitation order: Sometimes the offending spouse may be in violation simply because the child custody or visitation agreement has no longer become practical. For example, this may be due to a change in employment or a relocation to a different area. In such cases modifying the agreement can be a peaceable way to avoid further conflicts.

Criminal Remedies

In serious cases, the court may opt to enforce criminal sanctions in attempts to enforce a child custody order. Unlike civil remedies, these are meant to punish the offending spouse as well as deter future violations of such agreements. They are typically reserved for more egregious instances such as those involving kidnapping or repeated violations occurring over an extended period of time.

• Criminal liability: If there are criminal charges involved such as kidnapping or false imprisonment, then a criminal suit may be initiated against the other party. A lawyer will be able to determine whether criminal charges lie and whether a criminal suit will likely be successful


• Punitive Modifications of Custody Order: The judge may choose to modify the custody or visitation order, as in a civil remedy. However, under a criminal, punitive modification, the changes will be made in order to reflect a punitive intent to enforce the decree, such as reducing visitation time or eliminating certain rights altogether.


• Posting of a bond: A bond is a certain amount of monetary payment that is issued upon the violating party in order to compel them to comply with the agreement. If the person cannot afford to pay, a lien may be levied against their property such as a house or other valuable possessions.


• Contempt of court: This is similar to civil contempt of court, except that in criminal contempt of court, the violating party cannot avoid jail time by paying a fee. Usually reserved for repeated violations of custody agreements or to enforce prior instances of contempt.

Remedies for Instances not Involving a Custody Order or Visitation Agreement

In some instances, clear violations of the law may occur even before a child custody arrangement has been reached. Although it is always best to be prompt in obtaining a child custody arrangement, in the event that a violation occurs, a parent may take the following action in the absence of an agreement:

Sue for interference: The aggrieved party can sometimes file a claim for interference if the violation has resulted in some form of loss to the parent (usually dealing with child support). This is rarely granted, but some states have statutes covering interference claims. Alternatively, the parent may sue for infliction of emotional distress if the other person has intended to cause such distress through their actions.

Criminal Charges: As discussed above, criminal charges may be pressed if the person in violation has committed some form of crime such as kidnapping. In such cases, the charges may be pressed even in the absence of a formal custody and visitation agreement.

Exercise of "Court Discretionary Powers": In child custody cases, courts have much discretion to make decisions that are in the best interest of the child. "Discretion" means that the court can exercise their own powers of judgment to make a ruling or decision, even if such ruling may be contrary to public policy or case law. For example, the court may make the decision to enforce restrictions on the violating parent or to require additional mandates aside from a regular custody order.

Do I need a Lawyer to Enforce the Custody and Visitation Order?

In some instances, hiring a lawyer is not the parent's most immediate concern, especially if the case involves an emergency such as a kidnapping or if the child cannot be located. In such emergencies, one should contact local police enforcement authorities in order to address the situation. However, after the situation has been remedied and the child's safety has been ensured, the person may wish to contact a lawyer to see what additional courses of action they have.

Even in less extreme cases, a parent would still be wise to contact a lawyer regarding violations of a child custody order. When contacting the lawyer, here are some points to consider in conclusion:

• Determine whether a formal child custody and visitation arrangement has been formally issued for the child and the parents. If none has been issued, it is probably best to obtain one diligently and without delay


• In the event of an actual violation of the custody order, understand the basic remedies available to you, and how they are different according to civil and criminal law settings


• If you cannot arrive at a suitable remedy, the court may still be able to assist you using their discretionary powers in order to issue a different decree

Ken LaMance is the Corporate Counsel for LegalMatch.com in South San Francisco, California. LegalMatch ( ) is fast, free, and confidential. LegalMatch is America's original attorney/client matching service and is not a referral service. When a consumer presents their issue to LegalMatch, our system matches the consumer's case to LegalMatch lawyers in their city or county based on the specifics of the consumer's case, lawyer's location, and area of legal practice. LegalMatch also offers a number of useful resources like an online law library, tips, law blog, and forums ( http://forums.legalmatch.com/ ) on nearly every topic.

Article Source: http://EzineArticles.com/?expert=Ken_LaMance


http://EzineArticles.com/?Enforcing-a-Child-Custody-Order-Or-Visitation-Agreement&id=4367967

Visitation Rights for Fathers

By http://www.emgansbergesq.com/

Visitation rights are a myth. Neither parent is inherently entitled to visitation rights when going through a divorce. You only have visitation rights when they have been established by the court or determined in a parenting plan that is created by both parents and acknowledged in court.

In your divorce proceedings, it is important to be aware that visitation and custody are two separate matters. Legal custody grants you the ability to direct how your child is raised. This includes things such as the religion, education and healthcare of your child. Physical custody allows your child to live with you. Visitation, on the other hand, tends to define how your time with your kids is spent. A qualified divorce attorney with experience handling custody and visitation issues should be able to more thoroughly explain the differences between custody and visitation and advise you on your best course of action.

For example, if you are awarded full custody of your children, your wife may seek visitation rights. Or if you are granted primary custodial rights while the divorce is pending, your wife may also seek visitation rights. This is something you should talk about with your attorney and something that should be dictated by your wife's ability and capability to care for your children while they are with her. If your wife has drug or alcohol addiction problems, you should make sure that visits are supervised. Likewise, if there is a history of physical, mental or sexual abuse, visitation should be closely monitored. There may even be a specific location that your wife must be in to visit with your children. In this way, the way your wife spends her time with your children is defined. This offers a number of protections to your children if your wife is unfit to watch them on her own.

When visitation rights are granted to your spouse, be sure that you have the terms of that visitation in writing. People and circumstances change over time and it is a good idea to have all of the details concerning visitation (who, when, where, or possible restrictions) in writing to avoid potential conflict in the future.

If visitation rights are established, it is important that you encourage your wife to arrive promptly for each visit and never miss a visit. Missed visits with a parent can be extremely harmful to your child. If the mother of your children consistently misses scheduled visitations, be sure to document each missed visit and talk to your attorney about what can be done to protect your child.

In 1984, Eric M. Gansberg, Attorney at Law, began a legal practice that has been committed to representing our clients in their family law issues. Our goal is to resolve your matters amicably. While peaceful settlement is ideal, we are not afraid to stand up and fight for your rights as aggressively as needed to seek the best possible resolution of your case

http://www.emgansbergesq.com/

About the author:
http://www.emgansbergesq.com/ is your #1 source for divorce attorneys in New York!

Visitation Transition is Stressful For Children

By Molly Barrow

Home transition is difficult for preschool and young elementary children with parents in a conflicted divorce. Stability is the number one effort of therapists performing custody evaluations and yet many judges order multi-week sleep overs or worse, alternating months. Children under three may suspect a parent is dead when they "disappear" for days or weeks. Telephone contact several times a day is essential if a child is missing a parent or seems sad and listless. A couple can rearrange visitations, if the decision is mutual and in writing, to help out children who are having a difficult time adjusting regardless of what the court has ordered

A child does not "get over" being away from a beloved parent, they just quit complaining about it, feel powerless and resentful. If there are substance abuse problems, yet a parent wants to spend time with his or her child, ask for a sober and drug free visitation in court. The next girl friend or boyfriend of your ex-spouse should become your best friend as he or she will sometimes be in charge of your children's welfare and happiness. Never use your children to fight with your Ex, as courts see that as parental alienation and you may lose your visitation rights. At the first sign of a divorce, seek out an experienced and impartial therapist to help angry parents avoid making terrible parenting mistake.

Schedule a fun time at the park or a special time with a new toy that involves parental interaction and expect an emotional meltdown from the stress of transition. Do not punish the child, but try to distract and reassure them that everything is ok. The reaction has nothing to do with loving one parent more than the other, rather it is from stress. Never say an unkind word about your child's parent. Never.

Molly Barrow, Ph.D. has been interviewed on NBC News, PBS, Fox TV and in O Magazine, Psychology Today, Newsday, New York Times, CNN and Menstuff.org. Dr. Barrow is the author of Matchlines for Singles, Matchline for Couples, and Malia and Teacup, the self-esteem building adventure series for children. To schedule or consult with Dr. Barrow, or to purchase books, please visit http://www.drmollybarrow.com/.

Article Source: Visitation Transition is Stressful For Children