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What steps need to be taken to enforce a Father’s Visitation Rights?

Even though there was a time that divorce was frowned upon and people would spend their whole lives stuck in a love-less marriage due to archaic traditions, the divorce rate has gone up exuberantly over the last few years and is due to a variety of different reasons. Stress, family, money etc. are all some of the problems that can lead to divorce.

In divorce cases, children are the most affected party, and arrangements for their custody are the most contested part of the divorce settlement. It is up to the courts to decide which parent is fit to take physical custody of the children, although in some cases the child might also be allowed to choose. In this case, the other parent will receive visitation rights, so that they can keep in touch with their children. If the parent with custody tries in any way to stop the other parent from visiting their children, then the other parent can appeal to the courts in order to prevent the guardian from doing this in the future.

Each visitation rights case also includes a visitation schedule, which is drawn up beforehand after consulting with both parents. This schedule is also sometimes known as the parenting plan and is enforceable by law.

Father’s Visitation Rights

If a father is given visitation rights, then the mother has no right in interfering with the visitation schedule. However, in case she does interfere, it is a good idea that the father keeps record of any specific interference in case he decides to involve the courts. He should keep a record of the following:

  1. The amount of time that the father missed with his child
  2. The conversations or interactions the father had with the mother
  3. The efforts he made to reschedule his visit or to meet his child
  4. Anything else that had in any way interfered with the visit or made it a difficult process for the father

Usually, problems are mostly due to a miscommunication or a simple misunderstanding. In this case, parents can easily solve their problem by talking with one another, and finding a quick resolution.

In cases where the mother refuses to let the father visit his children, then it might require him to get the courts involved. If the father is being kept away from his children, it is called Alienation, which can lead to a court ordered visitation schedule or even a change of custody, depending on the State you are in. In any case, whoever denies the father his visitation rights can be reported to the police, and they may even be fined, or jailed, for the offense.

In cases where visitation rights are not respected, then the court can take various actions. They can reduce the mother’s alimony, increase amount of visits, increase visitation rights and even change custody itself. Whatever the case, it always better to consult an attorney before you take any legal decision.

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