It is understandable when there is a child custody and visitation agreement between Indiana parents who have divorced and circumstances arise where changes need to be made. For those whose relationship is cordial or even friendly, this is rarely a problem. For others, however, when there was a contentious child custody battle and the parenting time is constantly in dispute, it is important to fall back onto how the law addresses these matters. A law firm that has experience in all aspects of family law can help.
Parents will generally realize that there will be times when a visitation schedule must be altered. When discussing this, flexibility is a sound way to avoid rancor. Using their judgment and thinking about the child’s best interests is beneficial in these instances. Still, it is wise to consider the alternatives in these cases. In some cases, the scheduled visitation will stay as planned.
The noncustodial parent has the right to have his or her time with the child. If it is scheduled for a certain time, then this should be followed barring an agreement or unusual circumstances. The parents, no matter what kind of relationship they have with each other, are responsible to adhere to the orders in the parenting time agreement. The child should not make the decision. When a parent cannot care for a child at a certain juncture, then there should be an alternate arrangement.
When the schedule is adjusted, there should be make up time. This is to maintain the agreement and adjust it as necessary. The parents are better-served to reach an agreement on their own. If there is a concern about a parent not adhering to the agreement and failing to offer or grant make up time, this can be addressed through legal means and not by individual retaliation or other negative strategies. Additional parenting time can also be offered. If the child cannot be cared for by the parent when the parent is scheduled to have the child and a family member or someone else must provide care, the other parent should be asked if he or she wants to have that time with the child.
Custody and parenting time is a complex matter that spurs many disagreements between parents. When this comes up – as it inevitably does – it is critical to understand the importance of legal advice. A law firm that has helped many people with their divorce, child custody and visitation cases should be contracted for guidance on how to settle a visitation case amicably or to have it addressed via the courts.