Q. What am I entitled to as the non-custodial parent?
When custody is given to one parent, the other parent will likely be given permission to spend some time with the child on a regular basis. This arrangement is called "access".
It is always the best if both parents can work out the arrangement for access to the child such as the time, the place and how long the meeting should be.
If there is no agreement, the Judge will decide after listening to everyone's wishes. The Court will not want to deprive the innocent child from seeing either of his parents.
Q: Can access be denied to a non-custodial parent?
Yes but only in certain instances where maybe one parent has neglected or abused a child or placed the child in dangerous situations or is an alcoholic or drug addict. The other parent will then be given sole custody. However, there must be strong evidence before an order of sole custody would be passed by the court.
Another word of warning: Reminding all parents Custody fights often result in a great deal of bitterness between spouses. The interests of the children are forgotten when the parents refuse to co-operate to work out the best arrangement for the children. A sensible approach should be for both parents to schedule the least disruptive and most suitable times for access to take place. If matters are so bad that a third party i.e. the Court is forced to do the scheduling, chances are, the terms of access may be inconvenient to both. Remember. The child is an innocent party. Do not penalize him or her because you were too angry and wanted to "get back" at your spouse.
Oct 08, 2008 - 06:59 PM
Public Access
