Learn the Laws of Child Visitation Before You Visit Your Kid This Christmas
This is the Christmas season and you may want to meet your child after long. Going for a vacation to meet your kid to the house of custodial parent can make you happy for sure. However, you need to remember that a divorce means splitting one family into two families, one under the control of former spouse. Accounts and loans are divided, so is your kids. Usually the parent should carry minor children for different school holidays, like a spring break, summer and Christmas holidays, in the parenting plan drawn up by the parent or decided by the family court. If you are a not a custodial parent, then you will get visiting rights. You should talk to a family attorney in Oklahoma City, OK to understand the rules and regulations better.
Restrictions of Law in Family Vacation
The family law court is the court concerned with divorce, including provisions for child custody. In the past, one parent (usually the mother) gained custody and the other parent was given rights of visitation, usually including a week of vacation. Arranging a vacation once a year is allowed to the parent. In Christmas, visitation is allowed. However, there are some rules that the other parent needs to follow.
One decision to be made is whether holidays prevail over regularly scheduled times of parenthood. It includes what to do if parents ignore holiday orders on a regular basis. Holiday decisions also take priority. For example, when children have their mother since the start of month of Christmas, but the dad has children for Christmas break, they spend the vacation with the dad.
Generally, the court must recognize the consent of both parents on a parental time plan. On the other side, the court will interfere and demand a just solution if they disagree. Throughout Oklahoma, parents have many choices for the winter season. You can retain the same program as the rest of the year, give a parent the whole vacation or split the vacation between the parents.
Everything You Need to Know About Holidays with Visitation
The most common query is ‘can the parent take the children away from the State or from the country during a holiday without the permission of the court if a parent has the freedom to access a holiday’? This depends solely on the language of the family relationship and/or the decision on divorce and the laws of your country.
What Does "Visiting Rights Denial" Mean?
Another parent can get more custody rights than the other in a divorce or separation sense. The other parent is called "the parent in custody," while the next parent is called the ‘former parent’. Visitation rights may be given in such circumstances to the non-custodial parent. So, there are other days you should visit and spend time with the child.
Although visitation rights are usually given, a court may for various reasons deny or limit visitation. The court determines the child may be in danger because of visits in a common situation. The court will refuse or restrict visitation if the non-custodial parent
Has disturbed the child;
Is likely to kidnap the child; or molest him/her
Sometimes a custodial parent denies the other parent's rights to visitation without the approval of the court. The denial of visits to the other parent is unlawful and can have grave legal consequences without the approval of the court.
It is always wise to talk to a family attorney if you wish to visit your child this Christmas. Visit Handley Law Center to the earliest.
** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.