Parenting time is a delicate issue that touches the lives of countless families. It's a matter of ensuring children have healthy relationships with both parents, even when those parents live apart. But what happens when things go awry? What if a parent doesn't exercise their visitation rights? How does the court handle contempt? Let's dive in.

Parenting Time: A Right, Not a Requirement

First things first, it's essential to understand that a court cannot typically find a parent in contempt for not using their parenting time. It's seen as a right, not a must-do. So, if a non-residential parent doesn't show up for visitation, the court doesn't force them to.

However, there are cases where not exercising this right can have repercussions. For instance, a mother lost her visitation rights due to consistent failure to use her specified, supervised visits and other signs of unfitness.

Changing the Designation of Residential Parent

There are times when the non-residential parent becomes frustrated because the primary custodial parent denies them their parenting time rights. In these instances, one solution might be to request a change in the residential parent designation.

For example, a notable case highlighted a mother's consistent denial of the father's visitation rights. The mother's behavior was deemed detrimental to the child's emotional well-being. Consequently, the father was awarded custody, not as a punishment to the mother but in the child's best interest.

Ohio has since recognized that continuous denial of parenting time should be considered when determining the child's primary residence. When a parent consistently interferes with visitation, it can be grounds for modifying custody.

Enforcement Through Civil Contempt

When there's interference with parenting time, one of the more effective remedies is enforcing the order through civil contempt. The mere threat of jail time or paying the other parent's legal fees can be a powerful deterrent against interfering with parenting rights.

While courts can't monitor every moment, when there's consistent interference with a parenting order, legal action becomes necessary. However, it can be a frustrating process. Parents may face delays, costs, and even further loss of time with their child.

The Unseen Costs

Court-awarded attorney fees can also play a role in parenting time disputes. When a parent consistently defies a court order, making legal intervention necessary, they might find themselves responsible for both parties' legal expenses.

Sadly, enforcing parenting rights requires considerable effort and time from the courts. The real victims, however, are often the children, caught in the crossfire of parental disputes.

Why Don't Some Parents Exercise Their Visitation Rights?

There are instances where non-residential parents don't exercise their visitation rights, leaving children and custodial parents in limbo. Why does this happen?

One study highlighted two primary reasons:

Adversarial nature of the conflict: When communication between parents breaks down, usually due to external influences like attorneys, it becomes challenging to maintain consistent visitation.

The pain of limited influence: Fathers, particularly those closely involved in their children's lives before a breakup, find it challenging to influence their children's growth, values, and lifestyle within the constraints of visitation.

This brings up an essential point: perhaps joint custody deserves more attention and consideration than it often gets.

Protecting the Best Interests of the Child

Courts always aim to protect the best interests of the child. Sometimes this means restricting parenting time to shield them from inappropriate situations. But it's essential to note that when there's evident interference with a visitation order, like misleading another parent about a child's whereabouts, it can be deemed contempt of court.

Conclusion

Parenting time and visitation rights are vital for nurturing bonds between children and both of their parents. While the majority of parents navigate these waters with mutual respect, some cases require legal intervention to ensure the child's well-being. It's always advised to approach such situations with care, keeping the child's best interests at heart. Remember, while courts are a tool to help, the ultimate goal is to foster loving, healthy relationships between children and their parents.