What remains after child custody battles can feel like proverbial dark clouds that hang over your life. Kids need two parents in their lives, and you have fought tooth and nail to make sure you have time to see your children. However, the visitation schedule laid out in a child custody agreement may become difficult to adhere to due to changes in employment and other obligations. What now?
A judge typically won’t force a parent to spend time with their child, but the court does expect both parents to follow the child custody agreement. The visitation schedule is a court order, so there may be consequences if you don’t follow it.
Both parents have rights over a child, regardless of who has sole custody. In Ohio, a parent is entitled to regular visitation unless it would put your child at risk.
The visitation schedule is part of the child custody agreement that is approved by a judge. There are minimum visitation guidelines, and they are typically one weeknight during the week and visits every other weekend for the non-custodial parent. Once the custody order is in place, both parents are expected to abide by the visitation schedule.
In Ohio, a child custody agreement will stay in place until it’s changed, or a child reaches age 18. You can file a request to modify custody and the judge will rule based on your child’s best interest.
Missing your visits and not exercising your parenting time could have a negative effect on your child and on your future parenting time with them. It is best to adhere to your scheduled visiting times laid out in the child custody agreement.
When you do need to miss a scheduled visit due to a scheduling conflict, notify the custodial parent as soon as possible. You may be able to reschedule your visit. You need to keep the best interest of your child in mind. working together to find a solution will do that.
When both parents just can’t see eye to eye and the current schedule just isn’t working, you have the option of discussing the situation with an attorney. You may need to petition the court for a visitation scheduling change.
Missing scheduled visitation may be grounds to modify the order against you. Your parental rights may be significantly limited, and you could lose visitation time with your child all together.
Other actions a judge could take for visitation order violations include:
If you have good reasons for missing visitations, take the initiative and get the court order updated. You will need to hire an attorney to modify the order. The process for this includes having the visitation schedule previously laid out in the child custody agreement modified by a court.
Divorce is difficult for all involved, especially when child custody is involved. Working out a visitation schedule that works for you, your ex, and especially your child can feel like an uphill battle. Perhaps it’s time to turn to an attorney to cut through the legal red tape and come up with a solution for your family.
I’m Michael E. Bryant, and I want to protect you and your child. I have years of experience working in Divorce and Family Law here in Ohio. I can review your child custody agreement and help you work your child visitation case through the court system to find the best visitation schedule to give you that quality time with your kids you crave. Contact my office today.