Tuesday, July 20, 2010

Do Grandparents Have The Rights They Should?

A U.S. Supreme Court decision in 2000 put in motion a roiling debate that pits parents against grandparents in a struggle for child visitation rights.

Richard Kent, a family lawyer at Fairfield, Conn. answers some important questions.

Monday, July 12, 2010

How to Get Child Visitation on Your Terms

During the divorce proceedings it should be determined which parent will be given custody of the children. The other parent (non-custodial), will be given child visitation rights.

Normally the visitation schedule is prepared at the final divorce agreement and uses input from both parents. When developed, this schedule gives the non-custodial parent visiting rights to his or her children. It is rare if one parent is not allowed to see their child so unless the family court finds reason to object, child visitation rights is almost always guaranteed to the non-custodial parent.

The courts are giving both parents the ability to develop a healthy relationship with their children by allowing visitation rights. Should a change be needed to the schedule then it can be accomplished using a court order. A number of factors could cause this to happen… like a major change in circumstances or the inappropriate conduct of one parent.

In some cases where the parents fail to reach an agreement on sharing time with their children, it is up to the courts to set a visitation schedule. A court ordered schedule will set forth the times and places for visitation. Instead of allowing visitation access to both parents, the courts may decide it is in the best interest of the child to grant sole custody to only one parent. This could occur if the court determines the child would be seriously endangered visiting with the non-custodial parent.

But the courts prefer child development utilizing both parents so they seldom prohibit visitation to a parent. However, it is not unrealizable for the court to place certain requirements on the visitation restrictions such as requiring the supervision by a third-party, or require it occur at a specific time and location.

The visitation schedule is most importance for the non-custodial parent. The following tips will help insure that your child visitation rights continue without any problems.

Schedule Visitation Transfers

The courts may have ordered the visitation transfers to occur at a certain time and location but usually the parents have decided what works best for them. You, as a parent, should try to always be prompt when picking up or returning your child. Please do not cause a delay. It is possible that one parent may have a scheduled event planned and delays at visitation transfer will only cause further conflict.

All Important Vacation and Holiday Schedule

It is important to work together on creating the holiday visitation schedule. You will need to be flexible with these schedules. Handle holidays like Mothers Day and Fathers Day carefully. They have special meaning so the visitatations should be scheduled likewise. Be flexible when it comes to the Thanksgiving and Christmas vacation and holidays too. The parents usually have to share the children more during these holidays. Spring breaks and summer vacations also allow a great time to share the kids and introduce them to new and challenging activities.

Focus on the Child

Working toward the best interest of the child should be most important for both parents. Keeping and maintaining a close and loving relationship with their parents is still very important to the children of divorced parents. Your most important task should be to keep the visitations interesting, enjoyable and mostly for the benefit of your child.

Learn more about getting: Child Visitation Rights

Get additional information on: Child Custody Visitation

Monday, July 5, 2010

Visitation For Grandparents

By Veronica Scott

In an ideal world and in an ideal family, the role of the grandparent is preserved. The grandparent sees their grandchild when they want, in a pleasant and fun atmosphere for both parties, and the entire situation is surrounded with love and affection rather than acrimony and tension. Many grandparents play important roles in the lives of their grandchildren; schooling them, helping to raise them and in some cases taking them into their own care.

However, we sadly do not live in an ideal world, and situations can arise in any family in which a grandparent may suddenly find their access and visitation to their grandchild removed. This can happen for a number of reasons; sometimes, if the child's parents divorce, the situation is so filled with acrimony no provision is set in place for grandparent visitation, or maybe the grandparent and their child have had a disagreement with has lead to the grandchild's parent denying access to their child. The reasons are vast and varied, but the solutions are often the same.

If it comes to it, in many states a grandparent can petition the Superior Court of their state with a request to see their grandchild. This, however, should only ever be considered a last and final measure; it is more important to try and resolve the issues that have lead to a restriction of access first.

Ensure that, should the parents of your grandchild be divorcing, you as the grandparent are kept in mind during the proceedings. This can often be an actual written determination in the divorce settlement, allowing for your rights to visit a child. This is particularly important if it is not your own son or daughter that will receive full custody; ensure that your rights and desires to see your grandchild are made clear to your soon-to-be ex son or daughter in law.

If an argument has erupted between you and your child and this has lead to the withdrawal of visitation for you to your grandchild, consider using a professional mediator. This is often recommended by the Court in the first instance, so pre-empt this step by doing it yourself. Try and focus during these sessions on what is best for the grandchild; it is essential you try and sideline whatever differences you have with the child's parents to ensure your right to visitation is upheld. After all, it is not necessary that you see the child with parental supervision. It is only necessary to find a solution and then keep things civil; this is easier to do if you keep in mind what is best for the child, something both parties should desire.

If, however, these steps do not resolve the conflict and you are still being denied the right to see your grandchild, the final and only step left is to petition the court. Whether or not these petitions are upheld depends on which state you live in; it is best to check this with the Court itself or a specialized family attorney. If you can petition the state, seek legal advice from a family law attorney, and follow the process to the letter. Good luck, and remember to only ever use the law as a final last ditch attempt.

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Source: http://www.isnare.com/

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Sunday, July 4, 2010

Making Visitation Easier For The Kids


Switching between Mom's house and Dad's house can be difficult and stressful for children, but the manner that parents approach transition times can have a big impact on how children react. It is important for parents to realize that children have worries, concerns, hopes and fears about the divorce or separation, and times of visitation can often bring a lot of those concerns to the surface, especially if there is conflict between parents.

Research very clearly shows that the amount of conflict that children are exposed to before, during and after the divorce determines how well children will adjust to the divorce. If the conflict continues or gets worse during visitation times, or any other time, children are more likely to have emotional and behavioral problems. Children that see parents being civil and respectful of each other are more likely to feel loved, secure and safe and are less likely to have ongoing emotional or behavioral problems.

There are some strategies that parents can use to make visitation easier for children. Remember that the more strategies you use, the more beneficial it will be to your children.

1. Speak positively about the other parent and the time that children will spend with the other parent. For example " I know that you are going to have a great weekend with your Dad because he has special plans", is much more positive than "I know you don't want to go, but the court papers say you have too". In the first sample the child is clearly hearing that you know Dad is a fun person to be with, and has spent some time planning a great weekend.

2. Have the child ready to go on time, and be on time to pick-up the child or children. If you need the children to have a particular item, make sure you tell the other parent so they can be ready, rather than scrambling around at the last minute.

3. Avoid discussing any sensitive topics during the pick-up or drop-off of the kids. Make it short and positive, and don't be tempted to discuss problems or concerns at this time. Remember that this is a tough time for the children, and parent conflict or emotional tension will just make it worse.

4. Keep basic supplies at both houses. Avoid having to pack a suitcase for the children, rather have socks, underwear, pj's, shampoo, toothbrush, toothpaste, brushes and other personal items at both houses. This helps children understand that they have two homes, not just one home and a place to visit.

5. Avoid using the term "visitation" or "access" with your children. This is a court term, not a child-friendly phrase. Try saying "This is your weekend to spend time with Mom" rather than "This is Mom's visitation time".

6. Let the children know that they can call you to say goodnight or just to talk. Avoid calling over to the other parent's house as this can be seen as a sign of distrust. Rather allow the kids to call you, or perhaps arrange a time that you can phone over to say goodnight if the children are too young to use the phone.

Children love to spend time with both parents, and making visitation easier on the kids is one way that parents can begin to work together in their role as coparents to the children.

Jonathan Brown recommends that you visit Common Law Marriage for more information about making visitation easier for your children.

Article Source: http://www.articlealley.com/article_41389_35.html


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Friday, July 2, 2010

Dads' Rights to Child Custody and Visitation

Author: Justin

Men who are interested in learning about their rights as a dad are encouraged to seek legal counsel with a family law attorney in their area. This is usually the best resource for those wishing to learn more about their rights to custody, child support and visitation rights while going through a divorce.

Married fathers who get divorced must work out an agreement with their ex-wife regarding custody, visitation and child support, among other items. If the parents cannot reach an agreement on their own, the Court will act in the best interests of the child in making these decisions.

There are two types of custody that the parents must agree upon, or the Court must order: legal custody and physical custody. Legal custody refers who which parent makes decision regarding the child's life. This may include their education, religious affiliation, healthcare, etc. Joint legal custody is common in divorce and grants the right to make these decisions to both parents.

Men should also speak with their attorney regarding the physical custody of their child. This refers to which parent will have permanent custody of the child, although visitation is usually granted to the non-custodial parent barring certain circumstances.

Unmarried fathers may run into further obstacles regarding their rights to custody and visitation. Unmarried fathers may be required to prove paternity through a paternity test. There are various ways they may go about this, but a DNA test is a common method. Before filing any motion with the Court, unmarried fathers should discuss their situation with a family law attorney.

For more information about their rights as a dad, interested men should seek the legal counsel of a talented attorney in their area. This is usually the very best resource for specific information regarding divorce, custody, visitation and child support, as well as other legal matters involving the family.

Justin writes on many topics and agrees that you would be best helped by getting in touch with an experienced and professional Father's Rights Lawyer in your area. For people with a California Divorce Case involving children, visit the offices of Diefer Law Group

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Thursday, July 1, 2010

Child Custody and Visitation Papers

By Dianna Nelsun

Are your child custody papers giving you a headache because they're such a hassle? You're not along. Custody papers can be very stressful and overwhelming because they are so complicated. To make things worse, every state has different papers and forms because the laws are different. This can make it hard to find the information you need.

To aid you in the navigation of custody papers, here are some of the common forms. Since every state has different forms, your state may have a different name for some of these or there may be a combination of some of them. However, these are the basic forms so your state will probably have some variation of these.

To start your custody case, you fill out a paper called a summons or a petition. This paper then has to be served to the other parent. There is also a form about the proof of service of summons that the person who served the papers has to fill out and that you have to include when you file. The parent who is served the papers has to fill out a response and file it with the court.

A request to enter default paper is filed when a response isn't filed. This paper asks the court to grant the ruling to you because the other parent didn't contest. In some places, this paper is filed when the parents agree on everything and they want a faster custody case.

You will need to file papers about the custody and visitation schedule. The court will want to see the basic, rotating custody schedule and the days and times of visitation. You will also need to provide a holiday schedule. There will also be papers about the various custody types you've chosen.

Child support also has a group of papers that need to be filed. Both parents have to provide information about income and expenses and financial statements. If you're trying to get the child support changed then you need to fill out a separate paper. And, you may also need to fill out a paper about having child support withheld from a paycheck.

These are the basic papers for child custody. You attorney will be the most help when you fill them out, but it is possible to get them filed without an attorney. There are many resources for help at the courthouse and also online.

Filling out custody papers? Get the help you need to file your child visitation papers.

Article Source: Artipot