Limit On Serving Child Visitation Papers

Limit On Serving Child Visitation Papers - In the case of divorce, child visitation agreements are not always the most cordial of arrangements between embittered parties. Unfortunately, one spouse may attempt to place an unreasonable limit on serving child visitation papers for the non-custodial parent. If the non-custodial parent feels that he or she is in a situation where legal action should be taken, it is wise to consult local laws regarding the limit on serving child visitation papers.

You can research limit on serving child visitation papers at the original family services office in which the visitation order was made. Be sure to take note that regulations may differ from state. Therefore, you need to find out what the limit on serving child visitation papers will be for the state in which the offending parent resides. As a general rule, most states put a limit on serving child visitation papers to serious offenses only. This is to prevent a legitimate legal recourse from being abused as a tool for exercising petty hostility.

In most states, limit on serving child visitation papers encompass minor changes in visitation. In other words, if your visitation schedule was changed once or twice in the past 6 months with adequate notice, this is not considered an infringement. The limit on serving visitation papers would be lifted in the case of physical, verbal or mental abuse and in the case of consistent denial of visitation rights. (In fact, the original custody agreement may be suspended altogether.) Consistent denial entails more than 2 changes in schedule without notice within the space of a month, although regulations vary from state to state. When you eventually present your case in court to have a visitation contempt order prepared, be sure to stick to the facts of the case. Here is an example of what you might say:

"This court ordered that I can visit my 5-year-old son on Sundays from 9am-4 pm. For the past two months, when I went to my ex-wife's house, she said I could not see my son, that he did not want to go with me because he wanted to go with a friend instead. I would like to be able to raise my limit on serving child visitation papers”

If the custodial parent exceeds a reasonable limit on serving child visitation papers and the papers have already been served, an additional visitation contempt order may be presented to the offending party. This recognizes that circumstances have become more serious and the limit on serving child visitation papers have already been by passed.

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