In the U.S., nearly 80% of custodial parents are mothers, while fathers make up about 20%. Commonly, the mothers are mostly awarded the custody of children. But recent statistics show that the percentage of custodial fathers has steadily increased compared to 16% a decade ago.
When parents separate, the court often creates a visitation schedule so that children can spend time with both parents. According to child visitation lawyer Brian Dow, scheduled visitation is often the preferred arrangement of recently divorced parents, and it means that both parents have a designated amount of time scheduled with their child.
Still, there are cases where one parent does not follow these rules. This can cause confusion for the children and even create a bigger conflict with the other parent.
When this happens, it is important to know that you can do something if your co-parent violates visitation orders.
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Understanding Visitation Orders and Rights
When parents split, understanding the issues concerning visitation orders and rights will be crucial to keeping relations with their kids intact. You must know the terms of these orders to be sure that both of them feel safe.
In Oklahoma, divorce with a minor child involves guardianship, paternity, custody or visitation, including modifications or enforcement of a prior court order. Visitation orders often specify when and how long you can see your child. You will then have to know about details such as where to pick up and drop off the child and other pertinent special considerations.
It is important to have an open discourse with the co-parent on the matter of visitation. Such cooperation creates peace and harmony that benefits the child. By abiding by these visitation orders in a timely fashion, you can instill a sense of order with the child, where they will feel loved and cared for.
Armed with your rights, you may advocate strongly for yourself when it comes to the relationship with your kid.
Common Reasons for Violating Visitation Orders
Visitors often violate visitation orders for a variety of reasons. Most often these may be rooted in emotional conflicts or in plain misunderstandings between parents. One of the most common reasons is frustration—as in one parent feels wronged by the other’s behavior and takes retaliatory actions.
Another may be quite simply logistical: problems with transportation or scheduling conflicts may stand in the way of complying with the orders. Others’ hard feelings may create impulses to disregard the visitation schedule.
Remaining issues with communication are also likely culprits: lack of communication or misunderstanding between you and the other parent could culminate in missed visitations.
Keep in mind that gaining awareness of these can help foster a cooperative parent-child relationship toward child welfare goal achievement.
Legal Consequences of Violating Visitation Orders
There are serious legal consequences that you should be familiar with in case you happen to violate visitation orders. By going against the agreement, you put yourself at the risk of undergoing consequences that adversely affect your relationship with your child.
Courts will indeed view your actions as contempt, with the possibility of a fine, if not imprisonment in extreme cases. With the instances of violation further increasing, your custodial rights will surely be taken into consideration by the courts, with their main concern being the welfare of the child.
Your standing in the eyes of the court will be further debilitated, making it a lot more difficult for any favor to be given to you during future hearings. And it must be remembered that the firm adherence to these orders maintains your legal standing while reinforcing your intent to work in concert toward providing a loving environment for the child.
Steps to Take When a Parent Violates Visitation Orders
When one side in the visitation process refuses to follow the visitation orders, prompt enforcement action should be instituted for the sake of protecting the opposite party’s rights and child welfare.
Any violation should be kept on record; that is, the date, time, and detail of it should be kept. This evidence will be useful if you decide to take action later. Contact the other parent calmly, voicing your concerns about the child.
Should the other party remain difficult, the next thing to do will be to go to a family attorney and explore your legal options. Enforcement may require acquiring the assistance of the courts.
The paramount consideration should always be the emotional stability of the child during this whole process, and the family must be willing to support the parent throughout this time.
Effective Communication Strategies With the Other Parent
Good communication can go a long way when dealing with a parent who has refused to obey the visitation orders. Keep calm and stay focused; foggy feelings may interfere with the conversation at hand.
Using “I-start” statements and describing some reaction the behavior sets off can have an effect; for instance, “I feel worried if my visitation changes unexpectedly.” On the other hand, an active-listening perspective should be shown so they feel valued in their expressions.
Establish a consistent time for discussion. It can be once a week, once a month, or whenever your circumstances and schedule allow. If you operate productively, you can create a solid foundation to stand against any issues together.
Always keep the child in mind; be polite and work on your bond with the other parent.