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When divorcing and there are children involved then one of the partners will be given custody of the children and the other will be given visitation rights. When deciding which of the partners the children will live with many factors are taken into account, even the child may have a say if they are old enough. The parent who is given custody will be seen by the courts as the one who is more suitable to take care of the children. If you are worried about divorce and visitation rights then read on.
What are visitation rights?
So what are visitation rights? Visitation rights are the times the partner who the children do not live with full time gets to spend with their children. If you have chosen to work out visitation rights between yourselves then these can be as flexible as you want. For instance, you may choose to allow the children to spend equal time with their parents, if possible. You may decide that children can spend a week or two with your partner or even go on holiday with your partner. If visitation rights are made through the court there is usually set times when the other partner is given rights to see children. For instance, the children may be able to come and stay over for the weekend, say Friday evening to Sunday evening, or you may be given access to see your children between certain times on a single day and then have to have them home the same day. You may have to apply to take the child on holiday with you if you are the partner who has visitation rights. As you can see, visitation rights may differ enormously depending on the circumstances of the divorce.
Changes to visitation rights
If you have been unable to work out visitation rights yourself and they have been given in court then any changes to visitation rights must also go through the courts and the party wanting to change the visitation must apply to the courts and show why they need changes making. Reasons for wanting a change may for example be due to a change in job or work hours or if there is reason to believe that the child/children may be in danger during visits to the parent.
Visitation rights and child support
One of the many things that parents who have been given rights worry about is falling behind on child support payments and visitation rights being stopped. Generally, visitation rights and support payments are treated as entirely different matters. If for some reason, you have problems maintaining child support payments this does not necessarily mean that you will not be able to see your children. Courts always take the needs of the child first and in the courts eyes a child should be able to spend equal time with both parents, unless of course there is strong reason to suggest otherwise. Failing to pay child support of course is dealt with separately and there may be consequences to failing to keep up with your payments.
Working out visitation rights yourself or with the help of a mediator
When it comes to child visitation rights parents are able to work together, if possible, to make arrangements for the children to visit the other parent and this is often more suitable and in the best interests of the child. Of course, when deciding on visitation rights the best interests of the child should always be the highest priority. If parents want to work alongside a mediator to work out visitation rights this is also highly recommended. It is only if there is a total breakdown in communication between both partners and no agreement can be reached that the court will intervene.
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