Proud Supporter of the 101st Airborne

Visitation Issues                                                                  

     The party with whom the child or children do not primarily reside has a legal right to have visitation with his/her children.   This right is not forfeited by failure to pay child support, although a subsequent  legal action to terminate child support may be filed after a sufficient period of non-payment and failure to exercise visitation.  Whether or not parental rights of the non-custodial parent will be forfeited in such an action is dependant upon the facts, whether the requisite legal requirements to terminate may be established, and the discretion of the court.   However, short of a judicial determination terminating the non-custodial parent's rights in the children, an adoption, or such other judicial order restricting the non-custodial parent's right to exercise visitation, visitation with the children cannot be denied.   If the custodial parent believes that visitation is not warranted and is detrimental to the children, he/she should seek the assistance of legal counsel  to immediately address the issue of visitation.

Apart for the same, the non-custodial parent has a legal right to exercise visitation with the children.  Interference with this right may serve as the ground for a petition to change custody.  If you do not have visitation with your child or children, or if you have been awarded visitation by the courts but visitation with your children is being interfered with by the custodial parent, you may seek legal redress from the court.  A petition may be filed on your behalf to either establish  visitation and a specific schedule; or, to enforce  a prior award of visitation.  A petition for contempt against the custodial parent may also be filed and you may be eligible to receive your attorney fees that will be incurred in asserting and preserving your rights.

In more serious cases, a change of custody may be sought where the same is necessary to ensure that the non-custodial parent's right to have a relationship with the child/children will be defeated absent an actual change of the custodian.

Similarly, if you are the custodial parent and are concerned with the conduct of the non-custodial parent when he or she exercises visitation with the children, or are concerned with the affect upon the children when visitation is exercised, you should discuss your concerns with legal counsel.   A petition to modify an existing order allowing visitation may be filed and the prior visitation schedule may, if the facts warrant,  be modified to address your concerns.

If your concern involves the non-custodial parent's failure to exercise visitation established in a prior Order,  if the specific facts of your case warrant, a petition to increase child support may be filed in which the non-custodial parent's failure to exercise visitation  may result in he or she having to pay additional child support.    As with all legal issues, whether or not child support may be increased for the other party's failure to exercise visitation  is tied to the facts of each case and you should discuss your case with an attorney experienced in  handling custody, visitation, and child support issues.

At BNWP&M, our attorneys handle custody, visitation, child support, and many other domestic law actions on a routine basis.  We  welcome the opportunity to discuss your needs in any of these and/or any other area involving domestic law and litigation.