Saturday, June 12, 2010

The Rules of Child Visitation

Author: Rights Fathers

During a divorce or legal separation, the child is the one who usually suffers the most. It is important to let the child know and to assure him/her that he/she is still loved by both parties.

In the case of parents who get a divorce or legal separation, child visitation is one of the important factors to be considered. A judge will decide based on the best interest of the child if the parents cannot decide on an agreement. In some states, sole custody or joint custody of the child or children involved may be given. With this child visitation rights would be given to either of the parents.

Custody of the child is given to a parent who could provide the best interest for the child. Some factors considered are the health of the parents, the lifestyle of the parents, the capacity of the parent to provide food, clothing, medical care and shelter for the child and most especially the willingness of the parent to care for the child. The child may also choose which parent will have custody if the child is over 12 years of age.

The court would usually grant a reasonable amount of contact from either of the parents. Provided that these child visitations would lead into a positive outcome and not lead the child into danger. In this way, the child is able to spend time with both of his/her parents.

Whenever the court feels that the child may be put in danger, the child visitation may be stopped or be given with special conditions. An example of this condition is when the child visitation would require supervision from other persons to ensure the child’s safety. Other relatives could also ask for child visitation rights.

The parent who has custody of the child should make the child available for child visitations. Failure to do this could lead to possible contempt charges by the court. It is a little less clear when the teenager refuses the child visitations, it is true that the parent in custody should make the child available for visitations but when the child still refuses, there is not much that the both parties can do.

Child Visitation may also be modified in the case of the change of residency of either the custodial parent or the parent with child visitation rights. The child may also want to increase or decrease the amount of visitation he/she gets from his/her parent. Other cases like when the child is abused, is also a possibility of a change in the child visitation schedule. Before these changes are made, modifications of the order should be filled to the court by any of the party.

It is truly delicate and complicated, so one is advised to seek help from attorneys. The advice and recommendations of the lawyer is really a great help in this situations and the party involved should consult one before and after the divorce to ensure the well being of the child involved.

BIO:
DadsCanWin! knows the ropes and shows you the strategies to take maximum control of your child visitation rights. Once you have DadsCanWin! the days of being held hostage to your ex's whims are over for good! Get the straight facts on how to prepare your personal situation so the court sees you as the most responsible parent and punishes your ex for violating the Court orders.

Child Visitation know how to deal with it, know your rights and your choices.


Article Source: http://www.articlealley.com/article_1027257_18.html

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