When Visitation Is Questioned

If you are a divorcing parent, one of the more contentious issues might be those that involve your minor-aged children. Custody, visitation and child support all require some major decisions and provisions. Once you and your spouse come to an agreement (or the judge decides), the parenting plan is created. This plan is delivered via several orders, all of which must be followed. Unless the parents have decided to go with shared or 50/50 parenting, then one parent will be appointed the primary custodian of the child, and one parent is awarded visitation. Read on to get a better idea of some issues with visitation that could pop up, such as when visitation is denied.

The child support connection

In most cases, the parent who is not the custodial parent must provide child support. Although it should be noted that other factors go beyond custody that are involved in determining who pays and how much. That child support order is just as important and any other, if not more, and the penalties for failing to pay as ordered are serious, ranging from wage garnishment and fines to arrest and jail time.

It is not the job of the custodial parent to met out these punishments, however. You cannot deny your ex-spouse their court-ordered visitation with their child simply because they have fallen behind on support payments. This is a common problem, but to really understand it you must consider how the family law courts see it. They see it as not just two separate issues, but they are viewing the overall best interest of the child as a priority. Time spent with the non-custodial parent is important, regardless of their ability to pay child support. You must go through the correct channels and contact the child support enforcement agency instead of withholding visitation.

Bad behavior

Another common issue with divorced parents is allegations of abuse or other bad behavior. You should not have to worry about your child spending time with the other parent if they are drinking, using drugs, abusing the child, involved in criminal activities, etc. The main thing to keep in mind is the need to be able to prove any allegations, and then to contact your attorney. With proof in hand, an emergency hearing can take place and the issue will be evaluated by a family court judge. That being said, be sure that you are not allowing yourself to get upset over issues that do not warrant a change in visitation, such as your ex being involved in a new relationship. 

Contact a law office like Maruca Law for more information and assistance.