What Is.A.Good.Valentines.Gift From.Father To 7 Yr Old Son Protecting Your Child Visitation Rights Pre-Divorce

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Protecting Your Child Visitation Rights Pre-Divorce

The pre-divorce phase is the time for you to plan and cover all your bases, especially when it comes to child visitation. It’s a painful thought to consider that you may not have full custody of the children you love so much, but the facts are that many courts lean toward joint custody decisions and many more decide primary physical custody based on the “best interests of”. the child” which does not necessarily mean you will get custody.

With this fact in mind, you need to strategize how you will deal with being on the other side of the equation (either the custodial parent who has physical custody of the children) or the non-custodial parent who has visitation rights. Given this scenario, here is some essential information you need to know:

1) Visitation must be stated in the divorce decree so that, if communication between you and your ex breaks down, you have a legal and binding document that says when and how the children can be seen by the non-custodial parent. Too many divorce decrees have vague statements in them such as “the Defendant shall have liberal visitation with the parties’ minor children and shall have the right to visit with the parties’ minor children at any time upon twenty-four hours’ notice to the Plaintiff.”

When you’re going through a divorce and you’re tired of all the haggling back and forth (and attorney fees because of it), it’s easy to think that the above wording works for everyone involved. It is open, fair, and leaves no room for one parent to say that he or she does not have access to the children. However, without specific dates, time intervals and, in cases where you fear for your physical safety, conditions regarding drop off/retrieval points and third party visiting witnesses, you have no way to guarantee yourself ANY of these conditions unless you pay your lawyer . more money to go back to court to request a modification of the child custody order.

2) Understand that child support and child visitation, in the eyes of the court, are two completely separate issues. If your ex decides to divorce, not pay child support or, due to financial difficulties, cannot pay child support, this does not give you the right to retain visitation privileges. A judge will view that behavior as “frustration of visitation,” which, if your ex can prove it happened repeatedly, can result in you losing custody of the kids. Decide, upfront, even before you file, not to make child support an excuse for not granting the non-custodial parent visitation.

On the other hand, if you find yourself, post-divorce, as the person who can’t pay child support, don’t let guilt and shame keep you from seeing your children or allowing your ex to bar visitation. He or she has no legal right to do so. Whether you can pay child support or not, your children still need you.

3) Be very clear about how visitation exchanges will take place and make sure it is spelled out in the divorce papers. Especially if you are dealing with a controlling, bitter or angry spouse, you must take every precaution to ensure your personal safety. Hurting people hurts people. It is better to demand that you meet at the local police station and exchange the children than to have some matter of violence or abuse happen in the privacy of a neighborhood or your ex’s home. The key is this: exchange a visit in a public place where you will have witnesses to everything that might happen.

Bottom line: Hope for the best, scenario plan for the worst and you’ll be prepared no matter what.

Stay prepared so you don’t have to prepare.

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