If you are in the midst of a child custody, or child visitation battle, you should know your rights.
An important thing to remember, whether you are represented by an attorney or not, is that you are only obligated to follow the law. Now, the law can be two things: either (1) judge made law or (2) legislated law. Following both the statutes in your state and court order is of the utmost importance. But, that is all you have to follow.
You are not obligated to follow the rules set down by the mother of father of your children if they are contrary to the law. For example: if a court order states that you are obligated to pay child support, you must pay child support. That is obvious. But, the court order may not say that you have to pay child support on, for instance, a Tuesday if that is what the opposing party wants you to do.
Are more common example is when the custodial parent begins making rules for you to follow which are contrary to a court order or the law. The custodial parent may believe what he or she is doing is right, but it may not be in compliance with the law. Many times, parents become over protective of their children and feel that the court orders or incorrect. A custodial parent may make a rule that you have to provide him or her with and itinerary of what you will be doing when you exercise visitation. If the court order doesn't say you need to supply an itinerary, you don't have to. It is that simple.
If the non custodial parent persists in their behavior, then you may need to inform the court of the custodial parents' violation of a court order and/or the law in your state. Put simply, don't be dictated to by the other side if the court or the law doesn't support it.
Thursday, April 21, 2011
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