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What does frustration of visitation mean?

Frustration of visitation occurs when the custodial parent takes steps to prevent the non-custodial parent from having a scheduled child visitation. This could take place as an innocent isolated occurrence if, for example, the parent takes the child to a doctor at the time the non-custodial parent is to arrive at the residence for a child visitation. In such instances, there likely will be no legal recourse for the isolated incident, unless such ’emergencies’ become a routine practice and are seen as an attempt to sidestep the court ordered child visitation schedule.

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Are Internet visits counted against my visitation time?

When two parents separate, child visitation is a key issue. Technology has served to provide one more opportunity for a child to be able to visit with his non-custodial parent, but it is also an opportunity that has created new questions. The major question asked by parents is whether or not Internet visits are counted against a parent’s visitation time. In other words, if your custody agreement provides you with 10 hours a week with your child, will the Internet visit count as part of that 10 hours? The answer, in most cases, is no.

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My ex-spouse lives in a different state with our children. In which state do I file for a custody change?

Every state has its own set of family laws, and jurisdiction for resolving child custody disputes follows the residency of the child, so obtaining a more favorable child visitation schedule will require filing a child custody suit in the state where your child lives. The family code in that state will determine the extent to which you, the non-possessory conservator, can exercise visitation.

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