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Visitation in Memphis

Planning for Time with Children of Divorce

If the mother and father can agree on visitation, the court will usually approve the plan. The best plans maximize the parents’ (and in some cases grandparents’) time with the children. You need to consider everyone’s schedule, school time, outside activities, sports, church, vacation, and the fact that, as the children become teenagers, they will have a life of their own and will usually prefer to be with their friends rather than either parent.

A typical pattern is alternating weekends, a few weeks in the summer, and alternating holidays. If the parties live far apart, this pattern will not work. The pattern then calls for fewer but longer visitation periods. If the parties live very far apart, you must deal with who will provide or pay for transportation.

Psychologists, Judges, and our team encourage visitation, except in extraordinary circumstances. Try to keep the other parent involved in school activities and other events.

Disagreements about Visitation

Sometimes, when parents fight about visitation, they are really upset about something else that they do not believe they can fight about. It may be because they feel angry at the other spouse for leaving, or it may be that they feel they gave up too much in the divorce agreement. But, for whatever reason, they are involved in an argument about the children. It is most often the custodial parent’s wanting to restrict the other’s visitation. This is normally not a good idea, because when the custodial parent says to the other, “I don’t want you to visit at this time,” that immediately becomes the time that the other parent wants to visit with the child. Usually the problem is that the custodial parent does not want the other parent to visit.

In some cases, the problem is that the custodial parent wants the noncustodial parent to visit, and they will not do it because the custodial parent is trying to force the other to visit with the children. The best thing to do if you do not want the noncustodial parent to visit is to say you do want them to visit. Bury the other with visitation, and remember in the back of your mind that they are a free babysitter. Also, you might remember that the non-custodial parent who visits regularly tends to be a parent who pays support regularly.

The Importance of Allowing Visitation

Even if your situation is that the noncustodial parent is a jerk, and you do not think it is the best thing in the world for the kids to be around the jerk, you still need to encourage visitation. The children need to know that the noncustodial parent is a jerk, and the best way for them to know it is to let them see it with their own eyes on a regular basis. Withholding visitation from the children or the noncustodial parent puts you against the child’s imagination. If the children do not see the jerk, they soon forget what a jerk he or she is and begin to blame you for the noncustodial parent leaving. The child’s imagination is then on the other parent’s side. The children dream about a perfect parent and, since they do not see the absent parent, they do not see any flaws in that parent. You might beat many things, but you will have a hard time beating your child’s imagination.

Relocation as a Custodial Parent

Moving the child away has caused a great deal of litigation and conflicting rulings. Now there is a statute from the legislature, which can be changed every year for political reasons. Basically, the moving custodial parent needs to notify the other parent that they intend to move and have a good reason to move that is not vindictive. Getting away from the other parent so that parent cannot visit is not a good reason. Being transferred by your company in a “move or lose your job” situation is usually a good reason. This will result in a modified visitation schedule that needs to be an order of the court.

Turn to the Rice Divorce Team for guidance on matters involving visitation and divorce litigation. Contact our Memphis family lawyers by calling our firm at (901) 425-1274.

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