Can I Force My Children To See Me After Divorce?

Jul 24, 2018
Blog

When going through a divorce, one of the most challenging and emotional aspects is deciding on child custody arrangements. Often, both parents want to maintain a strong relationship with their children and spend quality time together. However, there may be situations where one parent feels that the other parent is not adhering to the agreed-upon visitation schedule and wonders if they can force their children to see them.

The Importance of Cooperation and Communication

Before delving into the legal aspects, it's crucial to remember that fostering cooperation and open communication between both parents is in the best interest of the children. While it may be tempting to resort to legal measures, it is generally recommended to attempt mediation or seek the guidance of a child custody professional to resolve any visitation disputes. Maintaining a positive co-parenting relationship benefits the children by providing a stable and nurturing environment.

Understanding Child Custody Laws

Child custody laws vary from state to state, so it's important to consult with a qualified family law attorney who specializes in your jurisdiction. In general, courts aim to make decisions based on the best interests of the child, considering factors such as the child's age, preferences (if applicable), each parent's ability to provide a stable home environment, and the existing relationship between parent and child.

Physical Custody vs. Legal Custody

When discussing child custody, it's essential to distinguish between physical custody and legal custody. Physical custody determines where the child will reside, while legal custody pertains to decision-making authority regarding the child's education, healthcare, and general well-being. Both types of custody can be awarded solely to one parent (sole custody) or shared between both parents (joint custody).

Can a Parent Be Forced to Comply with Visitation Orders?

Once a child custody agreement or court order is in place, it is legally binding, and both parents are expected to follow the outlined visitation schedule. Failing to comply with visitation orders can have serious consequences, such as fines, modification of custody arrangements, or even contempt of court charges. However, enforcing visitation orders can be a complex process, and it's essential to consult with a knowledgeable family law attorney to explore your legal options.

Modification of Custody Orders

If you believe that your children's other parent is consistently violating the visitation orders and refusing to allow you time with your children, you may need to file a petition for a modification of custody orders. It's important to demonstrate to the court that a significant change in circumstances has occurred since the original order was issued and that a modification of custody is in the best interest of the children.

Seeking Legal Representation

Gaining a comprehensive understanding of your rights and legal options is crucial when dealing with child custody matters. The Skiendziul Law Firm specializes in family law and has an experienced team ready to assist you in navigating the complexities of divorce and child custody. Our dedicated attorneys will guide you through the legal process, ensuring your rights are protected, and your voice is heard.

Contact The Skiendziul Law Firm Today

If you're facing challenges related to child custody and visitation, don't hesitate to reach out to us at The Skiendziul Law Firm. Our team of skilled attorneys has the knowledge and expertise to provide you with the guidance and support you need during this difficult time. Contact us today to schedule a consultation and take the first step towards a resolution.