"Unless contact would be detrimental to the children, both parents are entitled to spend time with the children. In most circumstances, a schedule will be established that will designate which days and nights will be spent with each parent. This schedule usually will include specific holiday planning, vacation planning, and a method for modifying the schedule when the need arises. Overnight visitation may not be denied based upon the age or sex of
a child .
a child .
Ordinarily, each parent should have telephone contact with the children when they are with the other parent. Furthermore, many agreements provide that if a parent is going to be away from the children overnight the other parent will be given the opportunity to have the first right to take the child or children for that night before any other person is provided that opportunity.
If a primary residential parent wrongfully deprives the other parent of his or her time with the children, the court may enforce that other parent's right to time with the children and has a large variety of sanctions that can be imposed – ranging from make-up time to a full change of primary residential custody.
WHAT IF ONE SPOUSE ALREADY HAS A CHILD?
Unless a person has adopted the child of his or her spouse, the stepparent does not obtain either parental rights or responsibilities. Therefore, if the couple divorces, a stepparent will not have a right to contact with his or her stepchildren nor will a stepparent have an obligation to support stepchildren, even if he or she voluntarily has done so during the marriage. If a person has adopted a stepchild during the marriage, then that stepparent is the child's parent in all respects and will be given the same consideration for parental rights and responsibilities, as would any natural parent."
Unless a person has adopted the child of his or her spouse, the stepparent does not obtain either parental rights or responsibilities. Therefore, if the couple divorces, a stepparent will not have a right to contact with his or her stepchildren nor will a stepparent have an obligation to support stepchildren, even if he or she voluntarily has done so during the marriage. If a person has adopted a stepchild during the marriage, then that stepparent is the child's parent in all respects and will be given the same consideration for parental rights and responsibilities, as would any natural parent."
Reprinted from the Family Law Handbook by the FL Bar Assoc.
