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Child Vistation Problems and Suggestions

All You Need to Know About Weighing Child Complaints About Visitation

All You Need to Know About Weighing Child Complaints About Visitation

 

While child visitation laws do generally require a fair and balanced child visitation schedule between two parents, there are times when exceptions are made to that rule. Children sometimes have complaints about the child visitation schedule that must be followed up on. Some of their complaints may be minor and come as a result of teenage angst or bitterness towards the divorce, while others could potentially place a child's safety in serious doubt. It is up to the parent to take the child's concerns in mind when considering the child visitation schedule. 

Visitation often disrupts a child's life and because of that, they can become especially resentful in the early stages of parental separation. While child visitation laws give each parent the right to play an active role in their child's life, there are times when a child has valid complaints about the situations that the child visitation schedule present. A parent should listen carefully to their child when they are deciding whether or not a child's complaints hold merit and should be brought up in family court or channeled through appropriate legal recourse. Contact a child visitation lawyer to consult your case.

If a child's complaints are minor, such as boredom or missing a certain primary home activity, those problems are easy to fix with proper communication. If there is a problem with the child visitation schedule, it may be possible to fix. While a parent should not let their child run the show, some complaints may be valid. If a child is missing important life experiences such as spending time with friends or participating in after school activities, then it may be in the child's best interest to have a new child visitation schedule. 

Child visitation laws do require that the child visitation schedule be in the best interest of the child. Perhaps the best interest of the child would be to create a schedule that allows him or her to spend time with both parents, while still enjoying time to participate in after school activities and to have time with friends. Either way, a child should not be allowed to dictate the child visitation schedule, unless it is one that both parents are also happy with. 

Of course a child visitation schedule also must reflect the lives of the parents. If one parent works weekends, it may be a good idea to set up a child visitation schedule that allows the child to spend time with them on weekdays. A good child visitation schedule also depends on a child's age. A newborn will obviously not be bothered about missing activities with friends, but they may not benefit from a constant change in routine. 

A teenager may prefer to spend weekends with friends. In the end, it is the parents who control the child visitation schedule, but real concerns tend to arise later in a child's life as they grow more independent. This remains a double-edged sword, and if parents are willing to allow their children to only participate in visitation when they feel like it, they will violate child visitation laws, possibly being held in contempt of court and hurt the development of a balanced family life. 

If the child's complaints are more serious such as accusations of abuse or drug use in the home, then the complaints must be investigated and taken very seriously. A parent should never make light of an accusation of that nature. In that case, they should petition the courts to investigate the situation as well as change the child visitation schedule. Clearly, certain events like this will often lead to the divorce in the first place and the primary goal of family court is to guarantee a safe growing environment.

A parent should use their best judgement when weighing their child's complaints about the child visitation schedule. There may be a serious problem. A parent should always hear their child's issues with the visits.

What Are The Spousal Substance Abuse Issues

What Are The Spousal Substance Abuse Issues

Child visitation law often gives a parent the benefit of the doubt when it comes to giving them parent visitation rights. Even if one parent has emotional problems, a history of abuse or a drug problem, it is possible that they will still be able be allowed to take advantage of parent visitation. This child visitation law that has the ability to protect the rights of the non-custodial parent, even a drug or alcohol addicted spouse, which may frustrate and worry the custodial parent. However, parent visitation rights are not guaranteed and there may be ways around letting one’s substance abusing spouse have parent visitation rights with the children.
Standard child visitation law allows each parent to spend time with the child unless the behavior of one parent risks the safety of the child. While the parent visitation may not be cut off for a parent’s drug or alcohol use, if it endangers the welfare of the child the courts will take it very seriously and possibly deny or limit visitation to supervised visits. If a parent wants to try and terminate the other parent visitation for the non-custodial parent because of their substance abuse problem, there are legal steps they must take.
Child visitation law gives the non-custodial parent the legal right to be notified of the custodial parent’s request to end visitation. They also have a right to defend themselves in court to try to maintain parent visitation rights. The custodial parent who is seeking to end the parent visitation rights of the non-custodial parent, must prove that the other parent does have a substance abuse problem and that it is putting the child at risk. The court may decide that the substance abuse problem is not grounds for terminating all parent visitation rights. They may however, determine that restricted visits, supervised visits, or visits in a public place may be safest for the child. 
Proving that the ex-spouse’s drug use endangers to child may be difficult. According to child visitation law, parent visitation cannot be stopped due to drug use alone, it must be proven that the drug or alcohol abuse affects the child in a negative way. If the spouse’s substance abuse problems cause the spouse to treat the children badly or if they use drugs in front of the child, the court is very likely to deny parent visitation. However, if the substance abuse was in the past, the non-custodial parent has the right to argue that past behavior should have no bearing on the future.
Child visitation law does take a parent’s substance abuse very seriously. However, one’s substance abuse alone is not necessarily enough to stop the parent visitation rights of the non-custodial parent, unless it can be proven that it is affecting the child in a negative way.

Find Out How To Make Visitation Easier

Find Out How To Make Visitation Easier

A child visitation schedule that is set up with each party’s needs in mind makes the child visitation schedule easier on everyone involved. Planning fun activities for the child and parent to do together during their child visitation schedule will allow the child to feel loved and cared for by each parent.
 The child will feel better about spending time with each parent if they are positive about the situation. A parent’s negative feelings about the child visitation schedule could effect the child’s feelings as well. Back-handed comments, complaints, and general sourness can too easily reflect on the child and their mindset. While maintaining a positive outlook, parents should recognize that the child should spend as much time as possible with each parent. 
A common child visitation schedule for the non-custodial parent, usually the father, is every other weekend and holidays. However, that schedule leaves the non-custodial parent with very little time to actively parent their child. The courts have recognized this and child visitation rights have helped to make more balanced schedules between parents. Making sacrifices is necessary when it comes to making sure children are happy with the child visitation schedule. 
Each parent should focus on the child when it is their turn to be with them. A parent should concentrate on spending quality time with the children when they are together so that the child knows they are loved. That being said, a child visitation schedule should also reflect the age of the child. An infant would not benefit from constantly bouncing back and forth between houses while a teenager may be more comfortable doing so. Child visitation rights take the age of the child into account when approving or making a child visitation schedule.
While it may be difficult to come up with a child visitation schedule that everyone is comfortable with, it is worth it to make sure the child can grow to be happy and well-adjusted. A divorce can actually benefit a child when they no longer see their parents fighting anymore. A child should not have to continue to see their parents arguing after a divorce is finalized. Making child visitation easier on the child is one of the most important jobs of the parents.

Hostile Relationship Between Ex Spouses

Hostile Relationship Between Ex Spouses

It may be very difficult for former spouses to put aside their differences and have an amicable relationship for the sake of their children. Many people have bitter divorces, although some couples do manage to stay friendly with their ex-spouses. Parents who manage to stay friendly for the sake of their children, will generally make the transition easier on them. If they can agree on a visitation schedule, the court will not have to step in a make a visitation schedule of their own. The court does have to approve it. Even if an ex-couple truly despise each other, there are some things they can do to make the process of visitation easier on their children.
While parents may try to have their childrens’ best interests at heart, it may be difficult to put aside bitter feelings. Dealing with visitations can be especially painful, as a parent may feel envious of the time that their ex-spouse gets to spend with the children. Some angry ex-spouses sabotage their visitation time with the children as a way of hurting their ex. Finding a resolution for dealing with the angry feelings between ex-spouses can be very difficult, since it is hard to sit down with an individual that one does not like to work out any type of agreement, let alone visitations.
A custodial parent should encourage their childrens’ visitation with the noncustodial parent. A child has the right to visitation with both parents and it is usually beneficial for a child to spend time with both parents. No matter how much one may despise their ex-spouse, they must try to recognize that the child is both of theirs and has the right to see each one. Trying to punish one’s ex-spouse by missing visitations only hurts the child in the long run. Each parent should treat each other with respect for their child’s sake. Arguments between the parents will hurt the children more than the ex-spouse. 
Visitation schedules may need to change as the child grows. An ex-spouse’s schedule may change as well. Being as flexible as possible about visitation schedules will help both the child and the ex-spouses. Reaching a mutual visitation agreement will help visitations run smoother, despite the ex-spouses’ dislike of each other. Coming to mutually agreed visitation ground rules with one’s former spouse is also a good idea, since it may help eliminate future confusion and arguments about rules.
When a couple decides to divorce, the children may be upset, scared and confused. Although the parents may have a hostile relationship with each other, it is their job as parents to make sure the transition runs as smooth as possible for their children. Respect and maturity on the part of each parent will make visitations easier on everyone involved.

Children Not Wanting to Go On Visitation

Children Not Wanting to Go On Visitation

There are many reasons why a child may not want follow the visitation plans that has been set up by either the courts or the parents. Divorce or a breakup is often confusing to children and they may act out against the fact that their parents are no longer together. A parent should always keep in mind that they are the adult and unless there is good reason, the non-custodial parent has parental visitation rights to see the child.
The first thing that a parent should do is sit down and talk with their child about why they are not comfortable with the visitation schedule. It may be a simple reason, such as the particular schedule cuts into after school activities or time with friends, especially if the custodial parent
If the concerns about the visitation are minor, then they may be able to be fixed with some rearrangement. However, the parent must take control and remind the child that the non-custodial parent loves them and has the right to exercise their parental visitation rights. If something minor like boredom is the problem, the parents should discuss ways to combat this. The non-custodial parent can plan fun activities for the child that he or she can to do together. Parental visitation rights exist for a reason. 
The visitation schedule set up is supposed to be made with the needs of all parties in mind and allow each parent to share in the loving and raising of their children. Even the word visitation is rarely used anymore. The more recent coinage is a parenting plan.
While a child’s feelings about the visitation should be considered, they do not have the final say in the matter. If the parent allows the child to skip the visitation it is they, not the child, who can be in trouble with the family court. If the complaints that the child has about the visitation schedule are valid, then the child and both parents may want to sit down to discuss the situation. 
The child might be angry at the parent or generally displeased with the visitation schedule. Getting the issues out in the open is always a good idea. It will also show the non-custodial parent that the custodial parent is not planting bad thoughts about them in the child’s head and that the parental visitation rights of the non-custodial parent are respected.
A parent should watch their own behavior in terms of how they act about the visitation. If they do not respect the non-custodial parent’s visitation rights, then it is natural that the child will not either. Keeping one’s own feelings in check is important when making sure that a child maintains a strong relationship with the non-custodial parent.