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 12, 2010
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.
About the Author: Find helpful and creative ideas for parents and grandparents while you shop our great selection of kids furniture (including our popular collection of toddler beds) and classic toys. Visit www.TheMagicalRockingHorse.com today!
Source: http://www.isnare.com/
Permanent Link: http://www.isnare.com/?aid=355143&ca=Family+Concerns
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.
About the Author: Find helpful and creative ideas for parents and grandparents while you shop our great selection of kids furniture (including our popular collection of toddler beds) and classic toys. Visit www.TheMagicalRockingHorse.com today!
Source: http://www.isnare.com/
Permanent Link: http://www.isnare.com/?aid=355143&ca=Family+Concerns
Sunday, July 4, 2010
Making Visitation Easier For The Kids
Author: Patrick Altoft
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
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
Article Source: http://www.articlealley.com/article_1578671_35.html
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
Article Source: http://www.articlealley.com/article_1578671_35.html
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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
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
Wednesday, June 30, 2010
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.
Article Source: http://EzineArticles.com/?expert=Abigail_Vernon
http://EzineArticles.com/?Child-Custody-and-Visitation-Rules-For-Unmarried-Parents&id=2744860
Child Custody Visitation Exchange – How do You Document to the Court That Exchanges Do Not Work?
Author: E Brooks
Article Source: http://www.articlesbase.com/divorce-articles/child-custody-visitation-exchange-how-do-you-document-to-the-court-that-exchanges-do-not-work-984385.html
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.
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.
Article Source: http://www.articlesbase.com/divorce-articles/child-custody-visitation-exchange-how-do-you-document-to-the-court-that-exchanges-do-not-work-984385.html
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.
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