June 2009 - Visitation Cutbacks
Unwise
One of the most common questions I am asked by custodial parents is whether
they can reduce visitation. The easy answer to that question is maybe, if there
has been a change in circumstances and if doing so would be in the best interest
of the child. Many people asking these questions don’t meet those standards
however.
Complaints about the Ex
Many parents come to me and say things like “My ex is not a good influence
on my child,” “My ex is disrespectful and abusive to me,”
or “My ex is a bad person” and think that should be enough to reduce
or eliminate visitation. The problem with these complaints is that they don’t
show that there has been any kind of change in the situation. Your ex was a
bad person two years ago when you agreed to the visitation plan (or it was ordered
by the court). He hasn’t changed since then. That’s not a reason
to seek a change in the plan. Just because you’re fed up with it, the
situation has not changed.
Now I am going to repeat something that another Law Guardian I was working
with once said to the mother in a custody case. “If he was good enough
to lie down with, he’s good enough to be a parent.” I think there
are some exceptions to that statement, but I agree with the general sentiment.
If you created a child with this person, he has the right to be a father and
spend time with his children, even if you don’t like him anymore. He was
the same person then that he is now. Just because you’ve wised up doesn’t
mean he shouldn’t parent.
Parenting Styles
Just as there are different personality types, there are different parenting
types. You might be an over-achiever, go-getter, over-the-top, detail-oriented
person, but that doesn’t mean you’re necessarily better than a person
who is more laid back, creative, and restrained. You’re just two different
people who go about things in different ways. The same is true with parenting
styles. You and your ex probably do not parent in the same way, but that does
not mean that one of you is a better parent than the other (assuming of course
that your child is safe and healthy in both homes). In fact, it’s good
for your child to be exposed to both parenting types in most cases. You don’t
have to like it, but you do have to find a way to live with it. Of course you
like your parenting style better. But you can’t expect a court to reduce
visitation just because your ex does some things differently than you do. Different
does not always mean worse.
Children’s Reactions
Another common reason some parents try to use to reduce visitation is that their
child does not want to go. Now, while it is important to pay attention to your
child’s reaction to visitation, it is normal for children to decide they
hate it and don’t want to go. That doesn’t mean visitation shouldn’t
happen, as long as the basic situation has not changed. If your child told you
he hates school and doesn’t want to go, would you let him stay home every
time he complained? Of course not. Visitation is not going to be altered just
because your child is going through a phase where he thinks he doesn’t
want to go. This kind of reaction is normal and is part of the adjustment process
kids go through. It doesn’t mean the time spent with the other parent
is damaging.
How to Move Forward
When it comes down to it, visitation is something that is important for your
child’s development. He needs to spend time with the other parent. If
that other parent is truly as annoying a person as you believe, then your child
will come to that conclusion on his own, as an adult. But you must give him
the freedom to have that relationship now and to come to his own conclusions.