Child Custody and Visitation Rules For Unmarried Parents

By Abigail Vernon

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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Child Custody Visitation Exchange – How do You Document to the Court That Exchanges Do Not Work?

Author: E Brooks

I have recently been reminded of how difficult a seemingly simple exchange of the child can be. I heard yet another horror story of how one parent made a huge problem over nothing. The questions are, can you stop it, can you prove it is a problem, can you ask the court to help stop it? It all comes down to documentation.

There are any number of reasons that visitation exchanges do not go well from geographical problems, to parents who cannot follow rules, to parents who create problems just because they can. But here you sit with a court order in hand that lays out in plain English how the visitation is supposed to be handled. A lot of good that is doing you now. Even if you call the police, they are practically helpless and seem to have no idea how to resolve the issue. There typical advice is “go back to court”. You really have to ask, “Why?”. It isn’t as if another order stating the same thing is going to fix this mess.

What’s more, the other parent realizes that you are powerless and they can do whatever they want now. And this is the point at which you realize that you are really on your own. Where can you turn?

Well all is not lost. You are stuck for the time being but as I like to say, “Time is my ally”. You see, with each problem that arises you are given the opportunity to document what doesn’t work and why there is a problem. Yes, I said “opportunity”. This isn’t some politically correct thing, it is a change of attitude on your part that you can pull yourself out of this mess, and take back control of your life.

You see, if the problem is that the distance is too far and that the travel time creates an unbearable problem, document the issue. Many times parents will try to meet in the middle only to find out that the parent bringing the child or attempting to pick them up is forced into making the whole trip or 75%. Of course the problem is that it is your word against theirs. Or is it? You see part of your problem is that you don’t have anyone as a witness. Or anyone that isn’t biased. You can’t get a police report so you have a problem. But what if you found a neutral third party to vouch for you. You just did! Take you ATM card and use it at a convenience store. This will show when and where you were. So if you are supposed to meet halfway but drive all the way, get a bottle of water. This shows on both a bank statement and you get a store receipt. Or perhaps you have to wait a couple of extra hours. Get a receipt when you leave.

Let’s say there is drama and you do need the police. While they rarely write reports for this kind of stuff, there is an incident number you can get when you call dispatch. Courts have access to the information and let’s face it, they don’t really need to look it up to know you called. Just the fact that is required the police shows it isn’t working.

Look, I know you’re frustrated but these methods do work. Stick to your guns and find creative ways to show that your visitation isn’t working for you. If your child is traumatized by this, take them to a counselor and ask the counselor to recommend that the child be allowed to forgo visitation is they choose. This is really based on the feeling of security. If the child doesn’t feel secure, they don’t go. The other parent will get the message and that power trip will go away. Why? Because you have documented their abuse of power and that will be their undoing.

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About the Author
Do you want to learn more about high conflict child custody resolution? Receive my brand new series "Child Custody Court Processes and Case Flow" here.

If you want to join the Child Custody Forum discussion you can start here.

Ed Brooks knows firsthand how painful a High Conflict Child Custody battle can be and has created a site where parents can get advice on how to handle all aspects of a high conflict Child Custody battle.

Enforcing a Child Custody Order Or Visitation Agreement

By Ken LaMance

Violations of a child custody order or a visitation agreement can be serious and sometimes frightening because they might involve actions that pose a danger to the well-being of a child. If you feel that your child is involved in such a violation, you have several options both under civil and criminal law. Regardless of whether the remedy is sought under civil or criminal law, the other party is still entitled to notice and a proper hearing.

Civil Remedies

Civil remedies usually involve some form of monetary reimbursement or court order decreeing that the other spouse do something or refrain from doing something. Unlike criminal remedies, civil remedies are aimed at alleviating the wrongdoings rather than punishing the offending person. Some civil remedies for violations of a child custody order are:

• Contempt of court: The court may hold the violating party in contempt of court if there has been a previous court order involved. Contempt of court typically involves a fine for the violating party, as well as further orders and instructions, such as returning the child to the other parent.


• Injunctions and Restraining Orders: These are court orders which require the other party to take certain courses of action or to refrain from certain acts. These can include orders to stay a certain distance from a child, or orders not to contact the child. The party seeking an injunction or restraining order must usually be able to prove that other remedies (such as money damages) are insufficient to correct the situation.


• Monetary damages: In certain cases, one parent may be able to obtain money damages if the violation has resulted in ascertainable (provable) losses to the parent or child.


• Modification of the child custody/support/visitation order: Sometimes the offending spouse may be in violation simply because the child custody or visitation agreement has no longer become practical. For example, this may be due to a change in employment or a relocation to a different area. In such cases modifying the agreement can be a peaceable way to avoid further conflicts.

Criminal Remedies

In serious cases, the court may opt to enforce criminal sanctions in attempts to enforce a child custody order. Unlike civil remedies, these are meant to punish the offending spouse as well as deter future violations of such agreements. They are typically reserved for more egregious instances such as those involving kidnapping or repeated violations occurring over an extended period of time.

• Criminal liability: If there are criminal charges involved such as kidnapping or false imprisonment, then a criminal suit may be initiated against the other party. A lawyer will be able to determine whether criminal charges lie and whether a criminal suit will likely be successful


• Punitive Modifications of Custody Order: The judge may choose to modify the custody or visitation order, as in a civil remedy. However, under a criminal, punitive modification, the changes will be made in order to reflect a punitive intent to enforce the decree, such as reducing visitation time or eliminating certain rights altogether.


• Posting of a bond: A bond is a certain amount of monetary payment that is issued upon the violating party in order to compel them to comply with the agreement. If the person cannot afford to pay, a lien may be levied against their property such as a house or other valuable possessions.


• Contempt of court: This is similar to civil contempt of court, except that in criminal contempt of court, the violating party cannot avoid jail time by paying a fee. Usually reserved for repeated violations of custody agreements or to enforce prior instances of contempt.

Remedies for Instances not Involving a Custody Order or Visitation Agreement

In some instances, clear violations of the law may occur even before a child custody arrangement has been reached. Although it is always best to be prompt in obtaining a child custody arrangement, in the event that a violation occurs, a parent may take the following action in the absence of an agreement:

Sue for interference: The aggrieved party can sometimes file a claim for interference if the violation has resulted in some form of loss to the parent (usually dealing with child support). This is rarely granted, but some states have statutes covering interference claims. Alternatively, the parent may sue for infliction of emotional distress if the other person has intended to cause such distress through their actions.

Criminal Charges: As discussed above, criminal charges may be pressed if the person in violation has committed some form of crime such as kidnapping. In such cases, the charges may be pressed even in the absence of a formal custody and visitation agreement.

Exercise of "Court Discretionary Powers": In child custody cases, courts have much discretion to make decisions that are in the best interest of the child. "Discretion" means that the court can exercise their own powers of judgment to make a ruling or decision, even if such ruling may be contrary to public policy or case law. For example, the court may make the decision to enforce restrictions on the violating parent or to require additional mandates aside from a regular custody order.

Do I need a Lawyer to Enforce the Custody and Visitation Order?

In some instances, hiring a lawyer is not the parent's most immediate concern, especially if the case involves an emergency such as a kidnapping or if the child cannot be located. In such emergencies, one should contact local police enforcement authorities in order to address the situation. However, after the situation has been remedied and the child's safety has been ensured, the person may wish to contact a lawyer to see what additional courses of action they have.

Even in less extreme cases, a parent would still be wise to contact a lawyer regarding violations of a child custody order. When contacting the lawyer, here are some points to consider in conclusion:

• Determine whether a formal child custody and visitation arrangement has been formally issued for the child and the parents. If none has been issued, it is probably best to obtain one diligently and without delay


• In the event of an actual violation of the custody order, understand the basic remedies available to you, and how they are different according to civil and criminal law settings


• If you cannot arrive at a suitable remedy, the court may still be able to assist you using their discretionary powers in order to issue a different decree

Ken LaMance is the Corporate Counsel for LegalMatch.com in South San Francisco, California. LegalMatch ( ) is fast, free, and confidential. LegalMatch is America's original attorney/client matching service and is not a referral service. When a consumer presents their issue to LegalMatch, our system matches the consumer's case to LegalMatch lawyers in their city or county based on the specifics of the consumer's case, lawyer's location, and area of legal practice. LegalMatch also offers a number of useful resources like an online law library, tips, law blog, and forums ( http://forums.legalmatch.com/ ) on nearly every topic.

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How to get Child Visitation without an Attorney

Is it really possible to get child visitation without an attorney?

Check out the following video and see what Ron has to say.

Grandparents and Visitation Rights Issues

By Veronica Scott

Though most people could never imagine life without their grandparents, there are many kids around the world that are forced to grow up this way. There are many unfortunate cases where grandparents are denied visitation with their grandchildren by one or both of the parents. Many things can cause something like this. From divorce to poor relationships between family members, there are a number of things that can affect the relationship between grandparent and grandchild.

If you find yourself in a situation where you are not able to see your grandchildren, you should find out what your rights are. Different states have very differing laws regarding this type of issue so find out what your legal rights are where you live. This is the first step in taking matters into your own hands if you feel the decision made by the parents was unfounded.

In some states you will be able to take a case like this to court to present it before the judge. It will then be up to the judge to make a decision regarding visitation. They can set and enforce the rules surrounding when you can see your grandchildren. Hiring a lawyer can be beneficial if the fight is particularly messy or if you feel you are being slandered or misrepresented by the parents.

Unfortunately, there are many states that do not have these types of things in place and there simply is no easy way to fight the choice of the parents. This doesn’t mean that there is nothing that you can do though. It would still be worth seeking legal counsel to cover all of your bases before giving up. You never know when you may find a loophole.

It certainly doesn’t hurt to seek out a consultation with a professional legal mediator if you are having a hard time communicating with the parents of your grandchild. A mediator can help the family sit down either together or separately in an attempt to come to a neutral agreement. Sometimes parents need to be reminded how important it is for kids to have their grandparents in their life. A neutral party can help with that.

If the issue is because of a divorce between your child and their spouse, it can make you feel like a target of undeserved resentment. Make it clear to both your child and their spouse that you are staying neutral in this matter and only want what is best for the children. Make it clear you are not taking sides and make a point to keep your word on that.

If you have any questions or you are just not sure how to get started in a fight for your rights as a grandparent, call a family lawyer. They should be able to answer questions, address specific situations and recommend you to further resources. It’s important not to allow your personal emotions to get the best of you. All of the moves and choices you make should be based on the grandchildren and what they need most at this time.

About the Author: Find helpful and creative ideas for parents and grandparents while you shop our great selection of kids furniture (including our popular toddler beds and cots) and classic toys. Visit www.TheMagicalRockingHorse.com today!

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Raleigh Divorce Attorney Lawyer Explains Child Custody Visitation

See how this North Carolina divorce lawyer explains child custody visitation:

Visitation Rights for Fathers

By http://www.emgansbergesq.com/

Visitation rights are a myth. Neither parent is inherently entitled to visitation rights when going through a divorce. You only have visitation rights when they have been established by the court or determined in a parenting plan that is created by both parents and acknowledged in court.

In your divorce proceedings, it is important to be aware that visitation and custody are two separate matters. Legal custody grants you the ability to direct how your child is raised. This includes things such as the religion, education and healthcare of your child. Physical custody allows your child to live with you. Visitation, on the other hand, tends to define how your time with your kids is spent. A qualified divorce attorney with experience handling custody and visitation issues should be able to more thoroughly explain the differences between custody and visitation and advise you on your best course of action.

For example, if you are awarded full custody of your children, your wife may seek visitation rights. Or if you are granted primary custodial rights while the divorce is pending, your wife may also seek visitation rights. This is something you should talk about with your attorney and something that should be dictated by your wife's ability and capability to care for your children while they are with her. If your wife has drug or alcohol addiction problems, you should make sure that visits are supervised. Likewise, if there is a history of physical, mental or sexual abuse, visitation should be closely monitored. There may even be a specific location that your wife must be in to visit with your children. In this way, the way your wife spends her time with your children is defined. This offers a number of protections to your children if your wife is unfit to watch them on her own.

When visitation rights are granted to your spouse, be sure that you have the terms of that visitation in writing. People and circumstances change over time and it is a good idea to have all of the details concerning visitation (who, when, where, or possible restrictions) in writing to avoid potential conflict in the future.

If visitation rights are established, it is important that you encourage your wife to arrive promptly for each visit and never miss a visit. Missed visits with a parent can be extremely harmful to your child. If the mother of your children consistently misses scheduled visitations, be sure to document each missed visit and talk to your attorney about what can be done to protect your child.

In 1984, Eric M. Gansberg, Attorney at Law, began a legal practice that has been committed to representing our clients in their family law issues. Our goal is to resolve your matters amicably. While peaceful settlement is ideal, we are not afraid to stand up and fight for your rights as aggressively as needed to seek the best possible resolution of your case

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About the author:
http://www.emgansbergesq.com/ is your #1 source for divorce attorneys in New York!