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If you and your spouse are getting divorced or separated and you have children, the most important task ahead of you is to decide on issues such as custody and visitation. Divorce breaks the ties between husband and wife, custody breaks the ties of parenting. It is imperative for both parents to understand that a child has a right to a continuing relationship with each parent.

Despite the fact that the tendency is being reversed, it is the case that the usual judicial attitude about awarding custody most often favors women. Many judges still feel that women are naturally better at mothering than fathers are at fathering, and these judges will always show a bias towards the mother. Nevertheless, modern attitudes are changing and fathers are beginning to enjoy a parenting role. When a father has been given visitation rights these rights must not be interfered with.

The best case scenario is where the parents co-operate with each other to give the children lots of time with each parent. Unfortunately, all too often this ends up with very little visitation time with the non-custodial parent, and lots of angry arguments about delayed visits and children not being ready on time. To offset such problems, many courts order the parties to work out a rather detailed custody schedule (known as a parenting plan or parenting agreement) which sets out the visitation schedule and outlines who has responsibility for decisions affecting the children.

If you and you ex have already created a custody schedule that has formed part of the official custody decision then you can apply to the court to have your visitation rights enforced. Apart from times when it would be reasonable for visitation times to be changed, such as when someone gets sick, or certain appointments need to be made, or other special circumstances consistent 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.

To begin with, visitation schedules are simply trials. each parent has little idea of what changes their relationship with the child might go through as the child grows. Very often the needs of parents and children mean that the parenting plan is often modified without going to court. If one parent, however, later reneges on the agreement, the other person may not be able to enforce it unless the court has approved the modification. So it is generally advisable to obtain court approval when modifying custody or visitation terms.

If you are the non custodial parent make sure your parenting plan is very precise and detailed in when, where, and how you are allowed to spend time with your children. It is considered a crime in most states to interfere with custody and visitation rights. This crime is commonly referred to as “custodial interference.” The wronged parent can get assistance from law enforcement officers and can even sue the other person for damages if their custody rights are interfered with.

Some fathers make the mistake of holding back their child support payments because the mother has stopped him from seeing the children on occasions, or has made it difficult for him to spend time with them. Custody and visitation should not be confused with child support. Despite what the mother may do, you must always pay child support. There are heavy penalties for failing to do so. Every parent has the duty to support their children.

One major study revealed a significant link between custody and visitation schedules, levels of conflict and the payment of court-ordered child support. Fathers continued paying child support more often in situations when they spent regular and frequent time with their children, including daytime and overnight stays. , the less apt they were to keep paying support.

Is your ex making it impossible for you to see you children? At Child Custody Information you will find invaluable information on out of state visitation including answers to the most commonly asked questions about child visitation laws.

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