Issues concerning children are always among the most contentious in a divorce situation. Initially, the courts will leave it to the parents and their legal representatives to work out an equitable parenting plan that is fair to both parents. But in some cases, despite the plan being approved, one parent or the other will have problems acting in accordance with the plan. For non-custodial parents, the result can be full of anguish as every effort is made to enforce their parental rights.
While lawyers may or may not be involved in developing an initial parenting plan, they most certainly will need to get involved if one party or the other has their rights trampled on. Taking strong legal action is what’s needed in many cases to ensure that parental rights are restored.
If parental rights are violated only on an intermittent basis, it may be possible to make up actual visits as per written orders, without further enforcement actions. It’s in everyone’s best interests to try and go this route first.
However, when this does not happen, an attorney can reach out to the custodial parent seeking to correct visitation, or any other parental rights, that have been violated. Oftentimes, just the threat of going to court to enforce the written parenting plan will be enough to get the custodial parent to comply.
But sometimes, that is not the case. When that happens, and visitation is consistently withheld, then the non-custodial parent and their attorney can petition the courts to make sure that visitation rights are enforced. This will raise a red flag and if the violations continue and are serious in their deficiency, it could lead to the courts changing who the custodial parent is.
Faletti Law Office focuses on family law, tax law, bankruptcy and estate planning for clients in Bloomfield and the surrounding Colorado communities of Arvada, Westminster, Northglenn, Commerce City, Erie, Brighton, Lafayette, Longmont, Firestone, Thornton, Adams County, Jefferson County and beyond.