Following a divorce, visitation is particularly important to the non-custodial parent. As the non-custodial parent, visitation rights allow you to maintain a relationship with your child. However, for a variety of reasons, it can sometimes be difficult to adhere to a visitation schedule. Issues like work, transportation, and family emergencies can significantly interfere with visitation. In this article, we examine whether you can lose custody if you miss too many visits.
Consider Alternative Arrangements
If you have missed several visits with your child, you may want to consider alternative arrangements. Specifically, you should work with the child’s other parent to determine if your missed visits are a logistical issue. For example, if your work schedule has changed, and it is interfering with your ability to stick to your visitation schedule, then this may be something that you can work out with the child’s other parent. In addition, if transportation issues are preventing you from attending visitation with your child, then you may be able to update your visitation schedule to account for this new development.
Child Custody Can Be Affected by Missed Visits
If you have consistently missed visits with your child, and you are unable to work things out with the child’s other parent, then this could affect your custody rights. Specifically, the other parent may request an emergency custody hearing with a family law judge to address your situation. In addition, the other parent can file a motion for contempt for failure to adhere to the terms of your parenting agreement, custody order, or divorce judgement.
In other words, missing visits with your child can have serious consequences. Therefore, if you have missed visitation with your child consistently, you should contact an experienced family law attorney for guidance.
Tips to Avoid Losing Visitation/Custody Rights
When it comes to child custody, the best policy is to comply with your parenting plan—and this includes adhering to your visitation schedule. Specifically, you should consider taking the following actions to ensure that your parental rights aren’t negatively affected:
Fulfill your legal obligations: First, you should attempt to comply with all legal obligations, including adhering to your visitation schedule.
Communicate respectfully: When discussing visitation issues (or anything else) with your ex, you should remain respectful—even if he or she does not.
Spend quality time: During visitation, you should remain fully engaged with your child. In other words, during this limited time with your child, you should give him or her your full attention and refrain from using your phone or engaging in other distracting activities.
Address problems proactively: If you have to miss one or more visits with your child, you should address these issues upfront whenever possible by providing notice to your ex.
Seek legal advice: Finally, if you must miss one or more visits with your child, you should contact an experienced child custody attorney for guidance.
Contact a Child Custody Attorney
If you need assistance with a child custody issue in New Jersey, you should contact the experienced attorneys of Bozanian McGregor LLC. At Bozanian McGregor LLC, our knowledgeable attorneys will work closely with you to resolve the challenges associated with child custody. Please contact us today to schedule a consultation with an experienced child custody attorney.