2 Tips For Dealing With A Parent Who Decides Not To Exercise Their Visitation Rights
During the course of a child custody case, the judge will appoint sole or joint custody to the parents. If the case was just filed, then the judge will grant you a temporary order. During a temporary order, it is much easier to ask for a change in the visitation because the judgment has not been finalized yet. However, once the visitation is finalized it will be difficult to get the judgment changed. If one parent has sole custody, then the other parent will have visitation rights that were granted by the court. It is up to both parents to adhere to the visitation rights. However, if one parent decides not to exercise their visitation rights, then there are a few tips you can use in order to handle this.
Get the Visitation Order Amended By the Court
You can go to the courthouse and ask the judge to reduce the amount of visitation that the other parent is entitled to. You will need to present the court with a compelling evidence before they will agree to reduce visitation rights of the other parent. You will have to show the court that your circumstances have changed and your child will benefit from a new visitation order. The court will consider the best interests of the child before they make their ruling, therefore, they will only remove all visitation rights of the other parent if there is a severe problem like abuse or neglect.
Get the Parent to Give Up Visitation
If the other parent is not involved in your child's life and they have been absent for some time, then the best option may be for them to give up their visitation rights. If the other parent agrees to do this, then you do not need to file a case with the courthouse. Instead, you will need to get a signed document from the other parent that says they will like to relinquish their visitation rights. This document needs to be notarized in order to be legally binding. This will show the court that the change in vitiation rights was a mutual agreement. However, if they decide to get their visitation rights back in the future, they will need to go through the courts in order to do so.
Dealing with a parent who is no longer interested in exercising their vitiation rights can be frustrating. Use a family lawyer to make the process a little easier.