Child visitation is one of the most sensitive issues in a divorce where the law focuses on a child’s best interests when it comes to child custody.
However, there are many instances where a custodial spouse withholds visitation rights and prevents the non-custodial parent from meeting their children. However, Hackensack, NJ divorce lawyers suggest that here are legal measures that a non-custodial parent can take to enforce child visitation rights and the best law firm in this area is the Moskowitz Law Group, LLC. The Moskowitz Law Group, LLC knows family law like the back of their hand and this highly accomplished law firm has a long string of satisfied clients.
When custodial parents miss visitation dates occasionally
There are several reasons why a custodial parent could end up skipping a visitation date due to an emergency or an important engagement. In such cases, the custodial parent will need to schedule alternative dates to make up for the loss. It is the custodial parent’s responsibility to, as far as possible comply with the court ordered schedule.
Legal experts suggest that non-custodial parents maintain a journal to keep records of the time and date when visitation were not complied with or called off.
For the most part, non-custodial parent have legal recourse if no alternate visitation arrangement is made for missed dates. However, it is never prudent to take extreme measures such as abducting your child or refusing to pay child support. Leading divorce attorneys in New Jersey caution that this could be in direct violation of the court order and will be considered contempt of court.
In addition, as a non-custodial parent you do not have the permission to keep the kids beyond the specific visitation schedule unless you have prior consent or have worked out the details with the custodial parent. You could run the risk of being accused of kidnapping and the subject of a police complaint if you happen to do so. This would only lead to an otherwise unwarranted arrest and potential jail time.
Make sure to seek legal counsel if your ex-spouse constantly interferes with your visitation rights. Your legal pro may send a sternly worded letter warning that the interference with the schedule of visitation is unacceptable and if any date is missed in future the matter would be taken to court to enforce the order.
When an ex-spouse consistently fails to abide by the schedule
In the opinion of Hackensack, NJ divorce lawyers, if a custodial parent withholds visitation rights on a regular basis, it is a clear violation of the court order. This means that you can take various legal steps to force your ex-partner to maintain to the court’s mandated schedule.
Remember, failure to abide by the court ordered visitation schedule is crime. As a custodial parent you may stand to lose custody while non-compliance by the non-custodial parent could also lead to criminal prosecution. If you do find yourself in such a predicament, don’t jump the gun and do something you would regret.
Now if you want to see someone doing something they would regret just watch the movie Southpaw which had Billy Hope (Jake Gyllenhaal) run his awesome sports car into a tree since he was drunk and acting irresponsibly. When his wife Maureen Hope (Rachel McAdams) was shot and killed Billy did not know how to react. Many men would not but Billy made all the wrong decisions on a colossal scale. This is why he lost custody to his daughter Leila Hope (Oona Laurence) to the state.
Billy eventually won custody back for Leila but he had to get to a better place, adjust his mentality, and act mature. He did several things he regretted but he figured it out and recovered.
Make every effort to maintain a cordial relationship with your ex-partner but most importantly, seek help from a stellar New Jersey divorce lawyer to legally enforce visitation rights and this should be from the Moskowitz Law Group, LLC. Click on the link given and call them today! If you believe your marriage is in decline, you want them on your side.