Sharing Custody of a Child after a Divorce

Co-parenting can be a very difficult thing to do for many divorced parents. One of the big issues that divorced parents often tackle are dealing and upholding the visitation rights. There are cases where the custodial parent, even without any cause, prohibits the non-custodial parent from visiting their child, even for a substantial amount of time. Although many non-custodial parents put up with this practice, there are ways that non-custodial parents can enforce their visitation rights.

According to the website of the BB Law Group, PLLC, a custodial parent can be legally held accountable for refusing the visitation rights of the non-custodial parent. There are two general ways that a custodial parent can withhold the visitation rights of a non-custodial parent: occasionally or consistently. If the visitation schedule is not followed and the custodial parent did not schedule any make-up dates for the missed days, it may be necessary for the non-custodial parent to contact their attorney for assistance. They will be the ones who will get in touch with the custodial parent or their attorney through a letter expressing the unacceptable nature of the interference in the visitation schedule. This will also inform the custodial parent that the issue can be taken to court in order for the visitation rights to be enforced.

If the visitation is withheld on a consistent basis, this is a blatant violation of the court order on the visitation rights of the non-custodial parent. When this happens, the non-custodial parent will have to file a legal petition that will enforce the visitation rights. These petitions can be filed on their own. But it would be better to have an experienced family attorney to handle the petition. It is important for custodial parents to follow court orders regarding visitation rights, as some states can transfer custody rights to the non-custodial parent if the custodial parent consistently refuses visitation from the other parent.

Because it can be an emotionally- charged affair, custody and visitation rights should only be handled by professionals who can help clear up the matter and make sure that everyone’s rights are properly enforced. Parents spending time with their children play an important part in their growth and development, and no one should be allowed to interfere with such rights, especially divorced parents.

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