If you have an issue with the other parent of your child, no one will fight to enforce a visitation agreement harder for you! Visitation rights are extremely important to divorcing and unmarried parents because they dictate how often the adults can see their children. A visitation agreement details the child visitation schedule for each parent, serving as an enforceable written document. A family court judge is usually required to provide final approval of this visitation agreement.
Visitation Agreement Problems
Each parent and representing child visitation lawyer can resolve visitation out of court through collaborative law or an informal divorce settlement or child custody negotiation. However, this visitation agreement must be approved by a judge. If the issue goes to court, a family judge will consider the best interests of the children when making child custody and visitation agreement decision.
The decision is considered a decree, which is a binding court order. If the parties to the visitation agreement do not adhere to it, they will face legal consequences. For example, if the parent with visitation rights does not return the children to the parent with primary custody on the day and time outlined in the agreement, the parent with primary custody may contact a child visitation lawyer to enforce the agreement. The attorney will file a motion to enforce and, possibly, charges of contempt against the other parent for not adhering to the established rules.
Visitation Agreement = Visitation Rights!
A visitation schedule cannot automatically be modified just because it does not work for one parent. A court will generally not approve revisions to a visitation agreement unless a substantial change in circumstances occurs. An example would be the child starting to attend school after the initial agreement was established. An attorney should be given the parenting plan and existing visitation schedule for review. This legal professional will then assess the changes in circumstances and provide advice regarding the best course of action. They will help show you how or why a visitation agreement should or can be changed. Your visitation rights should not be denied – an experienced family law attorney can provide you with the child visitation help and advice that you need and get you the parenting time you deserve.
Parents may have the best of intentions when they establish a visitation schedule. However, subsequent situations may make it necessary to amend the visitation agreement to include specific details like who picks up and drops off and the location of the exchange. The discussions involved can be uncomfortable but a lawyer can remove the emotional component by representing the client in the conversations.
Each parent should adhere to the details outlined in the visitation agreement. If the schedule becomes difficult for either adult to adhere to, an attorney should be retained to have the document revised. A child custody lawyer can also help one parent enforce the agreement with the other who is not adhering to the included terms.