Many divorce legal issues can lead to heated disputes. Perhaps none is more important, and sometimes not as hotly contested, as child custody. Although parties can come to an agreement with regards to custody, in the event that they cannot a judge will make a determination based on the best interests of the child. Some assume that once the judge renders a judgement the matter is settled for good. This is not always true, and Ohio residents should be sure to know their legal rights so that they can act on them when new custody and visitation problems arise.
One common problem is disagreements over the amount of visitation a non-custodial parent should have. In many cases, a judge will state that a non-custodial parent is to have reasonable parenting time. But what is reasonable visitation? The courts hope that the parents can work out a visitation schedule that works for them and their children, but sometimes this is unrealistic. If parents are unable to communicate and cooperate with one another, then the matter may need to be readdressed by the court.
Arguments may also arise when a non-custodial parent fails to exercise parenting time. In these instances, a custodial parent may want to further restrict or eliminate the non-custodial parent's access to the child. This can be a tricky situation, as seeking to do this could harm the child emotionally. However, there are situation when an Ohio resident may feel that a visitation modification is justified.
There are many factors that could lead a parent to want to modify child custody or visitation. Substance abuse, threats of violence or other inappropriate behaviors around the child may give rise to justification for modification. However, doing so may not be easy, as it might be hotly contested. Therefore, those thinking about seeking a modification may want to develop legal arguments that work best for their situation.
Source: FindLaw, "Parental Visitation Rights FAQ," accessed on April 24, 2016