Mens Family Law & Divorce Attorneys San Diego

San Diego Visitation Lawyers
Protecting Your Time with Your Children

When a divorce case is completed and the orders have been entered and recorded by the court, the conditions that have been decided take hold and the parties to a divorce are expected to abide by them.  One of the most common conditions that’s set forth in the judgment of divorce involves visitation rights by the non-custodial parent.  There are several situations that could arise in regards to visitation rights that would necessitate the help of San Diego visitation lawyers, and below is a brief look at some of these common issues.

Enforcement of Visitation Orders

Unfortunately, it’s common for disputes to arise between former spouses after a divorce is complete.  Regardless of the nature of these disputes, an unfortunate result of these disputes is for the custodial parent to refuse visitation of the children by the parent who does not have physical custody of them.  While this is manipulative and wrong on an informal level, it’s also problematic in a legal sense for the parent who decides to prevent visitation.  If this occurs and the non-custodial parent wants to properly enforce his visitation rights, he needs to make a motion with the court to demand and require that the visitation schedule be honored in accordance with the final judgment.

Physical Moves

It’s not uncommon for one of the parents to move from the city in which he or she lived after a divorce is complete.  When this occurs, there are steps that need to be taken with the court before any children of the marriage leave the jurisdiction.  Basically, if the custodial parent moves to another jurisdiction and wants to take the children along, it could give rise to a motion for a modification of custody if such a move would be detrimental to the interests of the child or children.

However, if the move with the children is approved, it could lead to an adjustment of the visitation schedule and the child support order.  In addition, such a move could lead to the requirement that the custodial parent who has left the jurisdiction with the children pay the travel costs for the non-custodial parent to be able to visit the children.

Child Support and Visitation

One of the most common issues that arises when it comes to the refusal by one parent to allow visitation involves the failure to pay child support in a timely manner.  Even though failing to remain current on child support obligations is against the law, the custodial parent does not have the right to refuse visitation based on this situation.  If such a problem arises, the non-custodial parent has legal rights that can be enforced if necessary.

Overall, visitation schedules after a divorce can give rise to different difficulties.  If you find yourself in this situation and you need your legal rights enforced, contact the San Diego visitation lawyers at the Law Offices of James D. Scott today to schedule an initial consultation.