As we have stressed in the past, the divorce is never easy and seldom painless for all parties involved. Although on occasions both spouses are on the same pages with many of the decisions that need to be made, this is rare. More often than not, there are differences of opinions, beliefs and wishes. This leads to disagreements. Add to it the fact that there is often animosity, resentment and hurt feelings, and things can get complicated and occasionally messy.
When it comes to visitation rights, it is necessary that both sides work together to make certain that the non-custodial parent receives reasonable and fair time with their child or children. The custodial parent typically has more leeway in this regard, but if it is believed that the custodial parent is purposely not working with his or her ex-spouse out of spite or malice, the courts may take that into consideration when making their decisions.
Assuming there has been no history of violence or abuse in the relationship, the courts will try to establish regular and reasonable visitations for the non-custodial parent. During the child custody phase of a divorce, the courts will set up a plan for visitation rights for the non-custodial parent.
If you are the non-custodial parent and suspect that it will be difficult to work with your ex-spouse, you may ask the judge to create firm and fixed visitation schedule. This will guarantee regular visitation and assure that your visitation rights are not violated. If the custodial parent still fails to adhere to the fixed visitation schedule, you may want to reach out to a family law professional to go to the courts and have the visitations adjusted so that you are able to spend time with your child or children.
Source: findlaw.com, “Visitation Rights FAQ,” Accessed June 12, 2017