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Visitation Rights After a Divorce

In many cases, divorce can bring out bitterness in people. In some cases, that may manifest in one parent choosing to cancel visits that the other parent is entitled to just to interfere with the plans the parent made or to cause frustration for the other parent involved. While it’s usually a good idea to give a little to get a little, meaning understanding if the parent which has custody has a legitimate reason for canceling a visit with the expectation that the parent who has custody will allow the non-custodial parent to make up that time, it’s also important to understand your right to enforce your visitation rights as a non-custodial parent.

Why even have a Family Law Court order granting visitation if the custodial parent is going to determine when you can and cannot see your child? The Family Law Judge makes decisions based on the child’s best interests. If the judge decides to grant an order granting visitation, then it can be surmised that the judge believes it to be in the child’s best interest to spend time with the non-custodial parent and to have that person in his or her life.

First of all, it is important to keep track of disturbances in one’s visitation rights. Write down how much time you missed with the child and any contact you had with the custodial-parent. Detail any conversations and whether it was determined that the time missed will be made up. Even if the custodial parent promises to make up the time, write it down to be safe.

A lot of problems can be solved by simple conversation and communication, but if visitation becomes a major problem, the non-custodial parent may ask the authorities to enforce the order. A motion may be filed with the Family Law Division as well to enforce or modify the visitation. If there’s a problem, chances are the problem may be rectified provided a court order is in place.


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