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Child Custody

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What Happens When a Parent Interferes with the Other Parent’s Visitation Rights?

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What Happens When a Parent Interferes with the Other Parent’s Visitation Rights?

Unfortunately, some parents do not try to successfully co-parent with their ex, even though it is what’s best for the child. One parent may try to prevent the other from seeing their child and many parents accept this behavior, not realizing they have options. The compassionate child custody attorneys at Destiny Law in Little Rock have experience navigating these complex issues and can help protect your parental rights in visitation matters. Contact us today for a free consultation.

What is Considered Child Visitation Interference?

When two parents split custody of a child, they will often create a parenting agreement that can include a wide variety of details such as which parent will have primary custody, specifics on the other parent’s timesharing, as well as procedures for the handling of potential changes to the arrangement. These agreements may be informal, but having a court-approved agreement will help you enforce your rights under the plan. Child visitation interference occurs when one parent’s court-ordered parental time rights are denied or obstructed.

Interference may include when one parent:

  • Fails to drop the child off at a scheduled time
  • Cancels visitation days
  • Physically prevents the child from seeing the other parent by
    • Taking the child without permission
    • Refusing to return the child
    • Moving the child to another state in violation of a court order

What To Do if Your Ex is Interfering with Your Visitation Rights

One parent can’t obstruct or deny the other’s parenting time and visitation rights, even if the other parent has fallen behind on child support payments. If one parent does not follow the visitation schedule, visitation time can and should be made up. Specific make-up dates can be scheduled between the parents. Be sure to document the dates and times of missed visitation.

If one parent will not schedule make-up dates, withholding child support is not allowed. Child support and visitation are not related; as the paying parent, you are obligated by law to support your child. If you stop paying child support, you are violating the court order and may be subject to serious consequences such as court fees and jail time. Whatever you do, do not stop making your court-ordered child support payments on time, if at all possible.

If your ex is violating the court-ordered visitation agreement, you will need to file a petition in court to enforce visitation rights; you may also need to make changes in your court order. The Little Rock family law attorneys at Destiny Law can provide expert guidance on the best way to protect your parental rights and your relationship with your children.

Consequences of Denying Child Visitation

If you deny child visitation with the other parent, you could be served with a Motion for Contempt. If you are found to be in willful contempt of the court-order you could be assessed court fees, attorney fees for the other party, jail time, and/or loss or reduction of visitation/custody. If you remove a child from the state in violation of a court-order, you could be facing criminal charges, depending on the circumstances. Unless your child is in a potentially risky and dangerous situation with the other parent, you are obligated by a court order to facilitate the other parent’s visitation. If your child is in a potentially risky and dangerous situation while visiting with the other parent, the appropriate way to handle the situation is to file a Motion to Modify Visitation with the Court.

Violating the child visitation order can result in the court:

  • Ordering “make-up” parenting time
  • Having the offending parent pay for education and counseling
  • Imposing fines, court costs and attorney’s fees on the wrongdoing parent
  • Temporarily or permanently changing the visitation order
  • Ordering the arrest and imprisonment of the interfering parent

Little Rock Family Law Attorney

If your child visitation rights are being denied, the experienced family law attorneys at Destiny Law can help protect your parental visitation rights and ensure that you get to spend time with your children. Schedule your consultation with our child custody attorneys in Little Rock.

Contact Our Child Custody Lawyers
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Visitation While Getting Through Covid-19

By | Child Custody | No Comments

Visitation While Getting Through Covid-19

The novel coronavirus has changed our lives in many unthinkable, unprecedented ways. As the crisis continues to reshape our concept of life and normalcy, one question lingers in the minds of divorced or separated co-parents: will this global health threat impact court rulings on visitation rights and other child custody issues?

The straightforward answer is no. All child custody arrangements remain in effect, and no parent may withhold visitation, even from co-parents working on the frontlines of the pandemic, as long as proper safety precautions are taken. If there is a clear risk that one parent is concerned about, the other should not take it personally. Instead, the two should first and foremost, try to amicably work out the details of their agreement while keeping the children’s health and well-being top of mind at all times.

Getting on the same page with an ex may be quite difficult; if that is the case for you, the experienced child custody attorneys at Destiny Law in Little Rock are here to help! We can provide expert legal guidance to protect your rights and ensure the best outcome for your children. If you need a knowledgeable family law attorney to advocate for you, then contact us today for a free consultation.

Co-Parenting Tips to Follow During COVID-19

Joint parenting during a global health crisis can be tough, but here are guidelines to help you and your former partner rise to the challenge and ensure that your children are safe and sound, not just physically but mentally too.

Have Open Communication

If you’ve had exposure to the virus, be honest and tell your former spouse or partner right away. Work together in protecting your child in the best way possible, and if the child shows any possible symptoms while in your care, be sure to inform your co-parent at once.

Follow the Court Order

No matter how unusual the circumstances get, don’t try to manipulate the custody agreement in your favor. Remember, child custody court orders hold, regardless, and that includes visitation rights during COVID-19.

Extend Some Consideration

Be understanding if your co-parent is unable to provide the same level of financial support. Lost earnings are a natural consequence of this pandemic, so try to keep your relationship as smooth and friendly as possible, if only for the kids.

Set a Good Example

It’s hard for children to wash their hands thoroughly, wipe down frequently touched surfaces, or practice effective social distancing if they see you defying the rules yourself. Make sure you set a good example by showing them—not just telling them—how things are done.

Stay Calm but Encourage Concern

Tell your kids what’s happening, but do it calmly and with optimism, reassuring them that things will eventually go back to normal. Answer their questions truthfully and allow them to express their concerns, but don’t make unnecessary comments that can only add to their stress.

Social Distancing Activities for Children

There are many things you can do during your visitation time, even while social distancing, such as letting your children explore their interests and learn new things. Here are ten activities that you can do together to keep them physically and mentally productive during the lockdown:

  1. Arts and crafts
  2. Bake
  3. Plant a vegetable patch
  4. Spring clean your home
  5. Family yoga
  6. Take virtual (online) adventures in famous zoos, galleries, museums, etc.
  7. Start a lockdown diary
  8. Make movies using phone apps
  9. Video call sessions with their friends
  10. Home camping

Little Rock Child Custody Attorney

If you are facing child custody issues, the compassionate family law attorneys at Destiny Law can steer you through the legal path most appropriate for your situation. With the proven expertise of our child custody lawyers, we can help you come up with the perfect solution to your parental visitation issues. Schedule your consultation with our child custody attorneys in Little Rock.

Contact Our Child Custody Lawyers