Visitation is often a touchy issue for divorced parents. However, during what might feel like a period of instability, a well-thought-out visiting plan provides a structure for children’s lives. The information below will help you with a few of the most common visitation issues, how to manage visitation changes, child support visitation, and more.
Common Visitation Issues
Long-Distance or Out of State Visitation
One spouse might move across or out of state after a divorce, so long-distance visitation is a common issue that comes up. You might be wondering how to handle visitation if you or your spouse are ready to move.
During out-of-state circumstances, visitation would be limited to spring break, long holidays, or summer break. Spending alternate holidays with each parent is also typical so that one parent does not solely get their child during Christmas, etc.
Parents should decide transportation costs in an early conversation. This discussion might include who will pay for a plane ticket, drive across the state to drop off or retrieve your child(ren), or whether you might meet halfway. It is vital to establish this agreement now to avoid future disagreements.
In the case of flying, airlines typically have age limits, so this might include flying with your child.
Holiday and Summer Visitation
The holiday season is here, and you might wonder how divorced parents handle these times.
Parents can solve holiday visitation logistics in many ways. Sometimes parents will rotate holidays, such as the mother having her children for Thanksgiving one year while the father has them for Christmas. In the following year, the father will have them for Thanksgiving and the mother for Christmas.
Sometimes parents will split holidays. Take Christmas, for example. The mother might have her children for the days leading up to Christmas through Christmas Eve, and then the father will have them Christmas Day and the days that follow. What you decide is more up to your family dynamics and travel logistics.
If there are interruptions in the schedule, such as one parent going elsewhere one year, parents should discuss a way to resume a regular schedule ahead of time.
Parents can handle summer visitation the same way. A child can spend the entire summer vacation with one parent and then switch the following year, or parents can split summer vacations. Keep in mind that if one parent, such as the mother, has sole custody the rest of the year, then summer might exclusively be for the child to visit dad.
Children Refusing Visitation
A child might refuse visitation for several reasons. They have a more personal life outside of their parents and don’t want their plans interrupted as they get older. Maybe they do not like their parent’s new significant other, or they don’t like to stay with their father because he is always working.
In these cases, a court might have to decide on a new visitation schedule, and there might need to be some proof this change would benefit the child. If the child is older, like age 17, a court will not force them to visit a parent. No matter what, do not make changes to a visitation schedule without complete agreement with your ex-spouse, or the court might hold you in contempt, and it might affect child support. In most cases, changes in visitation can be agreed upon between parents without a court’s involvement.
Visitation Complaints
At some point, your child might no longer be happy with your set visitation schedule. In that case, try to encourage them to speak to their parent about it first. You might find that it is not a significant issue but a minor annoyance that will pass or is helped by communication. Remember that if your child has a complaint, it is between them and the other parent. Try to step back from it as much as you can.
We Can Help
When seeking legal assistance with child visitation issues, choose Whipple and Mercado Law. Our team will protect you and your child’s well-being. If you’re going through this process and need help making these tough decisions, call our office at (925) 344-5050 for assistance with your legal needs today!