Boise Divorce Attorney, Idaho Family Law Lawyers, Custody Attorneys, (208) 472-2383, divorce, custody, visitation, modification, child support, adoption, termination and all family law matters including probate, elder law, domestic violence and criminal matters effecting the family.
As a Boise Divorce Attorney I frequently get calls from people who have been involved in a divorce and custody proceeding and have had visitation established by a court order. In connection with this, people often want to know what happens when they cannot exercise their visitation. They are often afraid that if they skip a visitation because they are out of town, have to work or are ill, incarcerated or deployed in the military that the other parent will refuse visitation or take them to court to get a custody modification.
Divorce and custody tend to be high conflict areas and Boise Divorce Attorneys know this. The best advice is never to skip a visitation without first notifying the other party. Hopefully, the two parties are a good working grounds and are able to make adjustments for contingencies that occur. For example, if your original divorce and custody decree gave you visitation every Thursday and then alternating weekends, and now you have to work every Thursday you would hopefully be able to make arrangements with the other party to give you a different day of the week for that visitation. Sometimes this isn't possible and you must have a Boise Divorce Attorney modify your original decree. Even if you and the other party agree, it is important to have the agreement in writing to protect yourself in the future.
For Military Personnel who are deployed, there is the option of delegating their right to visitation via a power of attorney. This allows them to give their visitation right to whom ever they want while they are deployed. Now, I say "to whom ever they want" with the caveat that it should be to a person who makes sense to have visitation with the child; grandparents, for example, or their new spouse, particularly if there are step or half siblings with whom continued contact would be important.
If you have a visitation issue and need to speak to a Boise Divorce Attorney or Idaho Family Law Lawyer, please call (208) 472-2383.