The Obligations of Noncustodial Parents During Visitation

One-on-one visits forge a healthy relationship between the child and the noncustodial parent.

Divorce is devastating for all involved, especially for families with children. During and after the divorce, it is imperative to make the transition as smooth as possible for your child. This type of environment can be a challenge to maintain during the crucial development years, but a structured visitation schedule and civility between the parents can make the difference in your child's life.

Reasonable Visitation

Visitation laws vary by state, but the noncustodial parent always has the legal right to go to court to create a defined, court-ordered schedule. In some states, such as Texas, there is a mandated schedule of every other weekend, while in states such as Indiana and Utah, the visitation schedule is determined by distance and the availability of both parties. If the noncustodial parent is determined to be violent or destructive, the visitation must be supervised by a court-appointed supervisor.

Timely Pick-Up and Return

Regardless of the state, the noncustodial parent is required to adhere to the court-ordered agreement, and the child must be returned to the custodial parent at the previously agreed upon time. If the noncustodial parent is consistently late, the custodial parent can bring the issue before a judge. Likewise, the child must be made available to you during the agreed upon times. If the custodial parent is blocking your visitation rights, you have the right to take the issue before a judge.

Location and Activities

The noncustodial parent must inform the custodial parent if he will be traveling long distances with the child or for major activities. For example, if the noncustodial parent wants to take the child hunting, the custodial parent must be in agreement. Joint custody requires that the parents work together and make decisions as a unit.

Child-Friendly Environment

The home of the noncustodial parent must be drug-free and free from any dangerous items. The home should be a welcoming environment that allows a child to continue a normal routine and feel at home. When a noncustodial parent signs a custody agreement, she is affirming that visitation is a priority. Neglect of a child, constant distractions or an unsafe environment are all causes for a custodial parent to attempt to change the court-ordered agreement.

Transportation

The noncustodial parent is responsible for picking up the child from the custodial parent at the beginning of the visit, while the custodial parent must pick up the child after the visit is over. Both parents need to be present at the exchange and should make an effort to talk to each other cordially for the sake of the child. In hostile environments, a court-appointed monitor can make the exchange. Long-distance traveling costs should be discussed beforehand and should take into account the finances of both parties.

References

• Lawyers.com: Your Rights as a Noncustodial Parent
• Divorce Magazine: Children and Divorce
• State of Indiana: Indiana Parenting Time Guidelines
• Parenting and Child Development in "Nontraditional" Families; Michael E. Lamb