Child Visitation FAQ – Child Custody Information
• Do all spouses have the right to visitation?
Typically the spouse who does not have physical custody of the child has the legal right to visitation. These rights can be withheld if evidence can be brought forth proving that it is in the best interest of the child not to see the spouse ( examples: excessive use of alcohol, physical or verbal abusiveness). The amount and schedule of visitation is stated in the final agreement.
• Can a visitation schedule be modified?
Visitation schedules are often established as a test. Either spouse does not know what the future will tell as far as how their parent child relationship will grow. Typically visitation schedules do change and it is done with out the use of the court, but if need be the court will make a decision if a spouse is being deprived of visitation rights.
• What should I do if my child does not want to see me?
This is a very difficult situation, especially when the child is very young. in all fairness, hopefully the custodial parent is not influencing the child. This, however, does occur quite often. It is the child’s choice to see the estranged parent, so fighting this situation can be a real up hill battle.
• How do I make the most out of the time with my child?
Be sure to give the child as much of an explanation as possible, and be there to answer any questions. The typical estranged parent will try to make up a two week period of time in one weekend. This is probably the best attitude to have, but do not involve it with overwhelming presents because when children grow up they began to understand the power of money and how it is used to influence people.
• How can I keep a close relationship from afar?
A phone call at the appropriate time can be as meaningful as any visit. Also consider using e-mail to correspond. Most colleges and universities offer this to students, so if your child is away at school this can be something he or she looks forward to every week,
• How can I get to know my child again?
Going through a divorce can really hurt relationships and sometimes rebuilding them can be a long drawn out process. Don’t expect it to happen over night, and try to do things that will bring you closer. Try having your child bring a friend along on a weekend adventure, this allows the child to be more comfortable.
In some situations, one parent may use visitation as a tool to spite the other parent. Even the minutest detail, such as transportation, can be utilized as a manipulative weapon. Quite often, the burden of any assault in the end falls upon the child. One can imagine how this must make a child feel. CLICK HERE for detailed information on how to enforce your visitation rights.
what can be done if visitation is being witheld as well as talking on the phone and when you get a lawyer to take care of the problem they dont do anything at all?
child dosen’t want to go like court order says. he is refusing to go he hates his dad he has a child services lawyer who agrees . but judge will not listen to my lawywer or the child lawyer at all. he has no job in 2 yrs no home lives with friends. kids has no clue who these poeple are at a;;. he dosen’t want to go at all. please tell me if this can happen. he has dui records abuse records and has angermangents class. has been arrested allot. not stable ans feel he sucudeal big time has said in open court he has lost his mine and not stable. why would a judge make this child go where is the kids saftey and righgtss.
theresa matheus
224-305-3617
please advise what rights me and my son have. i feel this judge is not thinking right and not listeing to anyone. will not even hear the kid. what ages can he be heard. we have a cild services lawyer already and agrees he should not go at this time. until stable and a job and home for him and the kid to go too. why can’t this judge see this. need help urgent please my kid is in danger big time.