Monday, July 12, 2010
How to Get Child Visitation on Your Terms
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
Wednesday, June 30, 2010
Child Custody and Visitation Rules For Unmarried Parents
Child custody arrangements are always difficult, but they can pose special problems for unmarried parents. While child custody cases for unmarried parents are very similar to that of divorced parents in many ways, they also have some important differences. Understanding the child custody rules for unmarried parents will help you determine how to proceed. These same rules apply to parents who have been absent for extended periods of time.
In child custody, matters between married parents child paternity is not a question. However in cases where the parents are unmarried paternity must first be established before proceeding with any child custody requests. Paternity is established through the use of a paternity test using DNA. The courts recognize the results of these tests as they are 99% accurate.
A court order is necessary to provide a legal basis for child visitation and custody. Simply agreeing to a particular resolution may work for a while but is not legally binding. Either party may decide to change the rules along the way leaving one parent out. This can and does happen on a regular basis. Without a court order child visitation and custody can be changed without notice and without regard for the best interest of the child.
Consult with an attorney in your area who specializes in family law. The custody and visitation decisions are made through the court system in order to be legally binding. While it is often assumed that the absent parent will not be allowed custody or visitation this isn't necessarily true. There are many reasons why a parent may have been absent and the courts will look at all the information before making a decision. There are often extenuating circumstances that come into play such as illegal activity or drug use that can have an effect on the outcome.
Courts take many factors into consideration when deciding a child custody case. First and foremost the welfare of the child will be considered. Among the other factors to consider are the ability to provide a good home and the ability to care for a child's needs. A child psychologist is often appointed by the court to determine how well the child is adjusted to their home and what is best from their emotional standpoint. The judge may consult with older children to help determine custody since they can have some input as to their preference.
When deciding custody, family courts also review the parents for suitability. They will take previous actions into consideration, particularly any problems with child welfare, any illegal activities and any drug abuse. Visitation rights will also be determined for the non-custodial parent.
These are the basic rules for unmarried parents and child custody and visitation. If you understand the laws that guide how your case will proceed, you will be better off. Then you should be able to find the best arrangement for your child.
Find more information about the child custody rules that affect you, and discover how Custody X Change can help with unmarried custody.
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