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Child visitation enforcement helps non-custodial parents, who have been denied access to the children by the custodial parent, receive visitation rights. Child visitation enforcement may or may not involve the family court system, depending on the case and the nature of the child visitation arrangement. Child visitation enforcement is greatly facilitated with the help of a qualified and experienced attorney who can advice the non-custodial parent of their legal rights and options.
When two parents get divorced, the court will determine legal and physical custody of the child and child support arrangements. Legal custody determines who will make the major decisions that affect the child's life, while physical custody refers to who will take care of the child (where s/he will live and who they will spend time with). The court may grant sole custody to one parent or joint custody. In joint custody cases, one parent is named the custodial or primary caretaker, and the other is granted child visitation rights.
The family court has the final authority on any case involving children and will always judge to protect the child's best interest. Parents may develop a parenting plan independently or through mediations, or the court may determine a child visitation schedule. However, once a parenting plan is developed and approved by the court, all parties are bound to its provisions.
The family legal system has always maintained the separation of visitation and child support issues. This means that even if the non custodial parent fails to pay child support, child visitation rights cannot be denied. Conversely, even if visitation rights are denied that does not give valid legal cause to stop paying child support. The law exists to protect both custodial parents who have not received child support payments and non custodial parents who are not receiving their child visitation rights.
Child visitation enforcement is generally done at the state level, though there are federal programs designed to facilitate state-level child visitation enforcement. The 1996 federal Welfare Reform Act created the Federal Parent Locating Service (FPLS) to help states conduct child visitation enforcement efforts. As long as there is no domestic violence or child abuse involved, this law allows the government to provide information to the non-custodial parent about the child's whereabouts.
In addition to child visitation enforcement efforts at the federal level, many states have also developed child visitation enforcement programs dedicated to assisting non-custodial parents in receiving their child visitation rights. The services of a qualified legal attorney can also help a non-custodial parent with child visitation enforcement efforts. In cases that cannot be remedied simply, an attorney can help you file a legal petition to help restore your child visitation rights.If you would like to learn more about child visitation enforcement in your area, please contact us to speak with a qualified and experienced family law attorney who can evaluate your case to determine how best to protect your legal rights and interests.
More information on custody:
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.