Importance of Honoring Visitation and Custody Rights
Custody and visitation are constant points of contention between separated and divorced couples with kids. It is very rare that these processes go smoothly in the event of a divorce and lack of a premarital agreement. What is the difference between custody and visitation rights? Why is it important to honor these rights to the letter?
Understanding custody and visitation rights
Custody refers to legal guardianship of a child. In the case of divorced couples with kids, one of the parents gets custody rights to the kids. If there are multiple children, courts of law generally try to keep them together and with the same parent. However, if one of the kids is at an age where he or she can make a decision about it, the kids may be separated accordingly.
Visitation rights refer to rights given to the parent who does not have custody o visit and spend time with the kids. If the separation is amicable, visitation does not pose a problem and both parents are free to spend time with the kids. When separation is not amicable, the court sets rules on visitation days and times, which must be honored by both parents.
Importance of honoring custody and visitation rights
Custody and visitation rights are legally binding and it is important to honor these rights to avoid legal problems with your separated spouse.
• When one parent gets custody and the other parent does not agree and tries to take the kids away, it can lead to legal curbs on meeting the kids. The parent with custody can seek legal recourse to enforce custody rights.
• Violating visitation rights can lead to the custodial parent to get the court to intervene. The courts may subsequently change or reduce visitation rights and demand an explanation for the violation.
• Violation of visitation rights by the custodial parent can lead to a contempt of law charge on the violating parent, with punishments ranging from loss of custodial rights to jail time.
• Violation of these rights can lead to ugly fights in and out of courts of law, which can negatively influence and scar the children. Children may feel like they are being ripped apart by the parents.
There are a number of legal and moral reasons to honor custody and visitation rights. It is in the best interests of both the parents and the children to follow the guidelines laid down by the court of law.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters. SHARE
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