Common misconceptions about visitation rights in divorce
Common Misconceptions about Visitation Rights in Divorce
When going through a divorce, there are many issues that need to be resolved. One of the most important issues is how to handle visitation rights for any children involved. Unfortunately, there are many misconceptions about visitation rights that are prevalent in our society. In this article, we will explore some of these misconceptions and provide you with the information you need to understand your rights as a parent.
Misconception #1: Visitation Rights are Automatic
One of the most common misconceptions about visitation rights is that they are automatic. This is simply not true. Visitation rights are determined on a case-by-case basis and are dependent on a variety of factors, including the best interests of the child, the relationship between the child and each parent, and the living arrangements of each parent. If you are going through a divorce, it is important to understand that visitation rights are not guaranteed, and you will need to work with your attorney to fight for your right to see your children.
Misconception #2: The Mother Always Gets Custody
Another common misconception about visitation rights is that the mother always gets custody. Again, this is not true. Custody and visitation rights are determined based on what is best for the child, not based on the gender of the parent. While it is true that in some cases the mother may be awarded custody, this is not always the case, and both parents have equal rights when it comes to custody and visitation.
Misconception #3: If You Don’t Pay Child Support, You Will Lose Your Visitation Rights
Many people believe that if they don’t pay child support, they will automatically lose their visitation rights. While it is true that failing to pay child support can affect your visitation rights, this is not always the case. If you are having trouble making your child support payments, it is important to speak with your attorney and come up with a plan to get back on track. If you are making a good faith effort to pay your child support, it is unlikely that you will lose your visitation rights.
Misconception #4: Visitation Rights Can’t Be Changed Once They Are Set
Many people believe that once visitation rights are set, they cannot be changed. This is not true. If there are changes in circumstances, such as a move or a change in work schedule, it may be necessary to modify the visitation schedule. If you need to change your visitation schedule, it is important to work with your attorney to file a modification request with the court.
Misconception #5: The Court Will Never Award Joint Custody
Some people believe that the court will never award joint custody. Again, this is a misconception. Joint custody is becoming more and more common, as it is often in the best interests of the child to have a relationship with both parents. Joint custody can take many forms, including joint legal custody, joint physical custody, or a combination of the two.
Misconception #6: If Your Ex-Spouse Remarries, You Will Lose Your Visitation Rights
Finally, some people believe that if their ex-spouse remarries, they will lose their visitation rights. This is not true. As long as you have a court-ordered visitation schedule, your ex-spouse’s remarriage should not affect your visitation rights. Of course, if you have concerns about your ex-spouse’s new partner, it is important to discuss these concerns with your attorney and take appropriate action.
Conclusion
Going through a divorce can be a difficult and emotional time, especially when children are involved. It is important to understand your rights as a parent and to work with your attorney to make sure that those rights are protected. By educating yourself about the common misconceptions surrounding visitation rights, you can be better prepared to navigate the divorce process and ensure that your children remain a priority.