Visitation Disputes

Child visitation takes place when a non-custodial parent meets or visits his or her child. Parents can decide visitation arrangements out of court, but when an agreement cannot be reached, both parents are usually required to participate in an official mediation process before the visitation dispute is brought before the Court. During the mediation process, parents are assisted in reaching an agreement by a knowledgeable third party, such as an experienced family law attorney or a social worker.

If the mediation process fails to produce an agreement, the Court may require evaluation of both parents by a mental health expert or social worker. Visitation disputes that reach court and remain highly contested can be tragic for three reasons: they often result in significant legal fees, they place the child in a precarious emotional position and they sometimes result in one parent being denied custodial and visitation rights. However, sometimes it is the child and not the parents that provide the impetus for a visitation dispute.

Even when a visitation arrangement is going swimmingly, a child may decide that he or she does not want to visit with the non-custodial parent. When the child stands in the way of visitation rights on the basis of mere preference, the custodial parent should always discuss the matter with the non-custodial parent instead of simply siding with the child. But if a custodial parent sides with the child and visitation ceases, the non-custodial parent can pursue the enforcement of visitation rights by taking the matter before the Court.