Divorce is one of the hardest things a person can go through. The suffering and pain associated is immense, even when the divorce is amicable. In situations where the separation is contentious, the issues can get messy. This is especially true when children are involved in the divorce proceeding. Fierce custody battles can have lasting psychological ramifications.
When you’re getting divorced, and you have children, you’ll be forced to make difficult decisions about the future of those children. Arrangements regarding child custody and visitation opportunities are largely dependent on parents being willing to cooperate. If you decided, for the good of your children, to allow your ex-spouse sole custody, this is not the same as surrendering your parental rights entirely.
You may believe that staying with your spouse is in the best interest of your child. This is a means of keeping your divorce from disrupting your child’s life. They won’t need to change the school they attend, their social lives, or their comfort in the family home. If you’re moving out, and your spouse is keeping the family home, this is a good reason to give your ex-spouse sole custody. Doing so helps to keep the child’s life from being uprooted during the proceedings.
The situation might be painful, but you aren’t walking out of your child’s life forever. You should be able to negotiate a visitation schedule with your ex. Regardless of whether you’ve surrendered sole custody, you still have a right to see and interact with your children. When your spouse attempts to deny this right, you need to fight back.
The law directly addresses a number of different child visitation scenarios. To prevent you from visiting your children, your ex might claim that you are mentally unfit to parent, addicted to illegal substances, a child abuser, or engage in patterns of reckless endangerment. In court, the judge’s job is to intervene based on the child’s best interest. If one parent levels serious accusations at the other, the judge may suspend the visitation rights for the accused parent.
That said, serious charges like this must be proved. Uncorroborated testimony is not enough to suspend visitation rights. The burden of proof is on your ex-spouse and their attorney to compile a case against you. If you have been the victim of a false accusation of child endangerment, it’s possible to fight back by showing that you’re capable of providing an adequate home.
Another decision that affects your visitation rights is your spouse’s decision to move to another city or state. According to New York law, parents with sole custody of their children are not permitted to move the child away without first receiving the other parent’s approval. If you suspect that your ex plans to take your children away from you, you can intervene by getting a court order to stop the proceedings.
Even if you don’t have sole custody, you have just as much of a right to parenthood as your ex. Sole custody does not imply that the parent owns the child or can make unilateral decisions for them. You have the right to bond, nurture, love, and support your child. Your legal rights say that you can spend as much time with them as possible. The law even makes specific provisions for this. The violation of your visitation rights should provoke action. Contact a visitation rights lawyer as soon as possible.
You might be angered by the actions of your ex. But you can’t solve the problem just by getting angry. You need to approach the situation with a legal perspective. Your attorney will be able to look at the situation through a neutral gaze. They will explain the case against you, the legal implications you’re facing, and the case you can build against your ex. If you’ve had false accusations leveled against you, your lawyer will dedicate themselves to providing the best available legal defense.
To have your visitation rights upheld, it’s important to have a developed legal strategy. Your lawyer should refute false claims and offer proof of their falsehood. They should also provide evidence proving you are fit to parent, and that your home environment is safe for the child. Your lawyer can also use their knowledge of domestic law to enforce your rights.