Fathers that are going through a breakup or divorce often wonder if a court order is needed to get parental visitation. All too often, the stress and pain of a separation is increased by the uncertainty surrounding child visitation. Let’s uncover when and if a court order is needed to visit one’s child.
No. A court order is not required to visit your child. With that said, a court order will be needed if Mother is refusing to allow parental visitation to take place.
Visitation issues tend to fall under one of three common scenarios:
In the first scenario, a court order is not needed to exercise visitation. In this example, the couple amicably agrees on visitation without any issues. When an agreement is reached, the court does not need to get involved.
Unfortunately, not all breakups and divorces are peaceful and friendly. In some cases, the couple initially agrees on parental visit. At some point in the future, something happens that sours the relationship. When this occurs, visitation can become either difficult or non-existent.
In other cases, the couple separates, and visitation is outright denied. With either of these common scenarios, the parent that is not getting visitation should immediately open a case and request visitation.
At times, parents are co-parenting and then something big happens that changes the relationship from peaceful to contentious. When the relationship sours, one parent may begin making threats. In some cases, the mother/father refuse to return the child.
The police usually will not get involved with custody matters – even if there is a valid court order. New Mexico police officers usually will not become involved with parental visitation and child custody matters. Instead, the officer likely will tell the parent to notify the court.
A parent refusing to return a child usually falls under one of two common situations:
When a parental visitation order exists, the parent whose visitation is being denied should immediately inform the other parent that the court order is being violated. This message should be short, non-aggressive, and non-threatening. Amicable messages reduce the likelihood that a bogus Restraining Order of Protection will be filed. Also, the message should put the other party on notice about the violation and the need to take court action if the violation continues. When the parent continues to violate the family court order, the parent should immediately file a motion to enforce the court ordered visitation.
If a visitation order does not exist, the parent whose visitation is being denied should inform the other parent that the status-quo visitation that the parties have followed is being denied. This message should also be short, as friendly as possible, and non-threatening. Immediately open a case to establish paternity, custody, and visitation, when the other parent continues to deny visitation.
On one hand, New Mexico courts have the power to enforce court ordered visitation. On the other hand, New Mexico courts lack the power to force a father to see or visit the child. With that said, a father repeatedly refusing to exercise parental visitation can lead to the court ordered visitation either being reduced or removed. In this situation, the court could find that a big change in circumstance has occurred. In doing so, the court could find that the ordered visitation is no longer in the child’s best interests.
A parent’s visitation can always be modified based on major change in circumstances. A father’s visitation rights could be modified or removed based on several extreme events. Visitation hours likely will be reduced or removed in cases of:
Each case is different. The assigned judge will weigh several factors when determining the appropriate visitation based on the child’s best interests. Unsafe or unstable living conditions will impact the judge’s decision. Each parent’s history or bonding and relationship with the child will impact the judge’s decision about visitation.
An experienced child custody attorney can help you understand your situation and legal options about visitation.
Are you a father that needs to establish paternity to get child custody and parental visitation? Are you a father that needs to enforce court ordered custody and visitation rights? Matthew Legan Sanchez is an experienced paternity and visitation attorney that can help you understand your options. Sanchez has handled child custody cases across New Mexico, including: Rio Rancho, Los Lunas, Belen, Gallup, Santa Fe, Estancia/Socorro. Speak with an experienced New Mexico child custody attorney. Speak with (505) SANCHEZ.
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