Generally, a change of circumstances is required before a court will modify parental rights and responsibilities. Some courts are only requiring a change in circumstances where there is a request for modification of the custodial parent. Ohio courts, for example, have modified visitation privileges without requiring a change in circumstances. Recently, a court modified visitation where a father, who had visitation privileges with his daughter, was showing her the divorce trial transcript, playing her recordings of the parties conversations and disparaging the mother in the daughter s presence. The court reduced the father s visitation rights without a showing of a change in circumstances.
Laws regarding the modification of visitation rights vary from state to state.
It s very important, when considering going back to court to modify a parenting arrangement, to consult with a qualified local family law lawyer. During the two years since our divorce, she has constantly badgered our son with negative comments about me and my role as his father. It s gone so far that my son doesn t want to visit with me. Courts don t take lightly to interference with a non-custodial parent s right to visitation. In most states, it can be cause for a change in the custody arrangement.