404Flights
Visitation is called possession of and access to a child. A parent can get possession and access unless the judge determines it is not in the best interests of the child and will endanger the physical or emotional well-being of the child.
When parents are divorced or separated, the time and place where the child is given from one parent to the other is called a custody exchange. Most child custody arrangements involve a visitation schedule or custody schedule that specifies certain details about custody exchanges between the involved parents.
A person is guilty of interference with child custody if they take or retain a minor child:
- “when the person knows that the person’s taking or retention violates the express terms of a judgment or order, including a temporary order, of a court, disposing of the child’s custody;
- when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child’s custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or
- outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.”
A court may hold a party in contempt of violating an order for conservatorship if they try to interfere with the other party’s ability to exercise their rights as a conservator. For example, if a parent denies a possessory conservator visitation rights, they may be held in contempt for violating the possessory conservator’s rights pursuant to the court’s order.
In custody situations, if one parent moves away from the other you will need to create a long distance custody agreement. If this situation applies to you and you are in the initial stages of your custody proceedings, you will automatically have to include provisions for long distance custody. However, if a parent relocates after custody has been finalized, you will need to return to court to have your order modified.
Standard long distance visitation schedules can be used as guidelines. You should not feel obligated to use them. If you can reach an agreement with the other parent you should be able to create your custody arrangements as you see fit.