Showing posts with label divorce. Show all posts
Showing posts with label divorce. Show all posts

Tuesday, January 10, 2012

Oh No!.... A Facebook Child Custody Case!

Watch as Dallas divorce attorney, Michael D. Wysocki, employed a woman's careless use of photos on her Facebook page to win custody of their young son for his client, the child's father. Michael, who has won countless custody matters, for mothers and fathers, using unconventional methods, is best known for his calculated approach to custody matters and his masterful use of evidence, experts, and technology.

Tuesday, January 3, 2012

The Holidays for Kids from Divorce Families

The holiday season is a stressful time for any family going through a divorce or one that has recently been through a divorce. The holidays for kids from divorce families are especially rough because it seems their world has turned upside down. It’s vital that you make sure to provide a great experience for your children. While it can be hard on you, we as parents should not let our troubles become our children's troubles.

This all sounds great in theory but not in the real world. Divorce is a traumatic experience which leaves deep pain that lingers for years. Putting on a strong face and marching your way through the holidays is much easier said than done.

Below I have listed several tips to help overcome some of the stress.

Make a Plan
Planning for the holidays after a divorce takes extra thought. No longer are you just planning on what to do, but now you have to determine when you’ll be able to do it with your own children. A schedule needs to be made showing which parent gets the kids at what time and on what days. It is good to plan this ahead of time so you can still enjoy the holiday season while your kids are with your ex. The holidays for kids from divorce families make it hard for the kids to bounce from one parent to the other, so you need to minimize this as much as possible.

Coping with unexpected reminders
If you have children then you probably had many Christmas with your ex. Most likely you have many memories and decorations of Christmas past. Just be prepared for what you may find while unpacking those Christmas decorations. You may uncover something from your first Christmas, or some pictures from that special family get together or maybe items from an important holiday event. If you are not careful you may get caught off guard by such reminders. You will have to accept the fact that these things are just going to happen. Just be prepared and stay strong. It will become easier in time.

Start a new tradition
The holiday season is about family traditions and a divorce will obviously have a huge impact on your traditions… past… present… and future. That’s why it is so important to start a new tradition… a tradition that involve just you and your kids so that you can move ahead and start new memories.

Still keep the old
While it’s important to start new traditions, the holidays for kids from divorce families need to maintain old traditions as well. You should provide them the stability they need so past traditions are not completely lost. If you can not uphold the tradition exactly as it was, then do not be afraid to modify plans so as to make it work.

Plan for yourself
Because of a divorce you will probably have to go a day or so without your kids while they spend time with the ex and their family. This can be a great opportunity for you to plan some activities for yourself. Some activity you have been planning to do. It may include a visit to an old friend or a short trip to a nearby town. Maybe just a visit to the park or zoo. The winter season always brings out activities that might not be as popular as in the summertime but it can still be enjoyable. Just bundle up for the cooler temperatures. The main thing is to just relax and enjoy yourself.

Thursday, January 20, 2011

Child Visitation Rights - How Adultery Affects Child Custody

By Caleb Jonsun

Adultery is by far the most adversarial type of divorce case. Divorce proceedings involving adultery are, as a general rule, very stressful for both spouses.

There are many reasons why people engage in adultery. Anyone can feel insecure, lonely and in need of validation at any time, even within a long and stable relationship. Individuals and relationships go through many different stages. The needs of the spouses can change over time, because of age, background, personality traits and emotional needs. In most adultery cases, the cheating spouse is not seeking a divorce. Generally, they are not thinking that he or she might end up losing close contact with their children.

Not every adultery situation ends in a divorce. But when it does and minor children are involved, then the behavior of the unfaithful spouse can have a negative effect on his or her custody and visitation rights. This is particularly true if that same parent devoted more time to his or her extramarital relationship than to his or her own children.

In a divorce, proceeding adultery can provoke very strong animosities between the two parties. The innocent partner might want to punish the cheating spouse by not allowing him or her to relate to their children. If you are granted custody of your children and your unfaithful ex-spouse was granted visitation rights, the last thing you want to do is to interfere with those rights. Keep in mind that even when engaging in adultery, a parent can still be a great parent. Not only that, but also keep in mind that the visitation order is a mandate of the court that you must observe. If you fail to comply with a court order you might be found in contempt. In some states, being found in contempt of court may mean jail time.

Therefore, no matter how much you hate your ex-spouse, do not interfere with the visitation schedule approved by the court. This can result in you losing custody of your children, having them taken away from you, and/or spending time in jail.

Learn the facts about child visitation rights and find out custody information that can help your situation.

Article Source: http://EzineArticles.com/?expert=Caleb_Jonsun

http://EzineArticles.com/?Child-Visitation-Rights---How-Adultery-Affects-Child-Custody&id=2472962

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

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


Occupation: Internet marketing consultant
Patrick has been creating and marketing remarkable websites since 1995, Google me for more details.

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

About the Author:

http://www.fertilityleaders.com/

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

Tuesday, June 15, 2010

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

http://www.emgansbergesq.com/

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

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

Thursday, June 10, 2010

Visitation Agreements When You Are Divorced

By Len Stauffenger

When divorce drives it's nasty fangs into your life, reasonable agreements isn't a topic that sits very easily on your lap. Your own emotions are generally boiling, and it's more likely that revenge would be more on the forefront than reasonable agreements.

But you are growing into maturity with the help of your divorce, and you now have children to put into the first spot where you used to live, so let's do think about reasonable visitation agreements.

The majority of parents love their children equally. And your children blossom under the spell of the love of each of you, so let's consider some ideas about visitation rights after divorcing.

One of the contentious ideas in a divorce is Father's Rights. An ideal fix would be to create two lists: the rights of the parents who has custody and the rights of the parent who doesn't. You both do have rights. Use the internet to see what others have said about this topic. Consider: how much time each parent should have; It would be wise not to schedule too many activities but rather just spend quality time with your child when it's your turn to visit; ought the grandparents be taken into consideration; how?; creating a child friendly home; summer vacations; how holidays will be handled? Topics like these deserve your attention and it's wiser to resolve it before the time arrives than on the fly.

There is not only one way to establish visitation agreements. There is your way for you. There is the court's intervention when necessary. There are different rules in different states. The best way is to arrive at a decision between the divorcing parents. Each parent's attorney can arrive at a mutual agreement if the parents themselves cannot. The most important deciding factor here is the welfare of the children.

If a parent isn't living up to the visitation agreement, the court can be a help in enforcement. Don't allow the frustration over one parent's non-compliance to infect the children. Go to the court for help before that happens.

Three Key Ingredients require consideration: the Schedule, how to make the Exchange, and Communication for issues that arise.

You can modify your Visitation Agreement at any time to be sure the child's interests are considered and both parents should have this as a common goal. In fact, this issue of visitation agreements is contentious and on-going, so your flexibility will be tested here as well as through other areas about your divorce. It might be the only tool left to maintain control over an out-of-control divorce. Your visitation agreement can prevent years of stress and of good benefit for your children, and when it comes to your children, you know how I feel that the kids are the most important part.




In his book "Getting Over It: Wisdom for Divorced Parents," Len Stauffenger shares with you the simple wisdom gleaned from his divorce and from the raising of his daughters. Len is a Success Coach and an Attorney. His is a heartfelt, visionary story of the success at the end of his divorce journey. You can purchase Len's book and it's accompanying workbook at http://www.wisdomfordivorcedparents.com


Article Source: ArticleRich.com

Visitation Rights of Divorced Spouse

By Jamie Hanson

In many cases, the father or even grandparents end up getting sole custody of children after a divorce. The child-custodial decisions are made and accepted by a divorce court after scrutinizing the specific needs of a situation on a case-to-case basis. Whatever may be the case, is one parent or grandparents have been vested with the primary responsibility of child rearing after a divorce, the "other" parent will still hold his or her right to visit the child.

The visitation rights are a subject of much controversy, and in cases where the divorced spouses have geographically moved apart or one parent has succumbed to alcoholism, drug addiction, or crime, visitation rights, though in-tact on the legal document, become an issue of much debate very often leading to further legal proceedings against one non-cooperative parent. Many times, the parent who has the "upper hand" may cleverly manipulate the children and the situation to stop the spouse from having any contact with children.

Legal Recourse to Violated Visitation Rights

Considering many problems that may surface after a divorce regarding a mother or a father's visitation rights, an individual as the right to take further legal consultation in any or all of the following situations:

If a parent vested with "sole custody" abandons the child or children.

If a parent with joint custody and child support commitment, refuses to pay child support.

If a parent with sole custody deliberately moves far away from the divorced spouse to prevent any future connection between the children and the other parent, thus violating that person's visitation rights.

If a parent with sole-joint custody refuses to involve the divorced spouse in any issue relating to the child although he or she is legally obligated to do so.

Nasty Post-Divorce Battles over Child Custody

The subject of sharing a child or children after a divorce can get difficult and nasty if the ex-spouses still hold a grudge against each other and refuse to co-operate in matters relating to their children.

In many cases, while counseling one difficult parent before or during the divorce and anticipating further problems between divorced spouses after the divorce, legal and social counselors jointly decide to give "full custody" to only one parent till the child or children grow up to be adults.

In divorce situations, where extreme personality disorders or conflicts have prevented any sharing of children between two resentful spouses, divorce courts have willingly accepted and granted full custody to one parent with the understanding that the child or children, as grown-up adults one day, will make up their own minds about preserving connections with their parents.

Divorce and child-custody related decisions very often leave permanent scars on the minds of the involved family members. All said and done, a family break-up on the first place is not highly desirable and once such a decision has been made, whatever comes along with it must be gracefully accepted by both the spouses.



Writer writes for an Austin divorce attorney who centers his practice on Austin divorce.




Article Source: http://www.articlesjust4you.com

Visitation: Should Your Kids Have A Choice

by Lucille Uttermohlen

"But they say they get bored when they go there."

"The kids don't want to visit with their father / mother."

Judges hear this all the time, but they aren't likely to believe it. It doesn't matter if the kids say that Dad spends the whole weekend sleeping on the couch or that Mom spends her visitation time with her boyfriend, instead of the kids. The court will force the kids to go, and will hold the custodial parent in contempt if they don't. Why, you may ask? More to the point, "why do we have to go?" your kids may ask. The answer is as old as mankind itself.

Parents have rights over their offspring. It is possible that such rights developed in the distant past when it was necessary for children to take care of their parents in their old age for them to survive. It also used to be that families were likely to stay together no matter what kind of jerk or witch the mother and father were to each other and their kids. It wasn't until 1874 that the first child abuse case was reported. Children were considered to be their father's property, and were subject to his whim, even if he was cruel or violent. The case of a 9 year old who was repeatedly abused by her guardian began the slow change that culminated in our modern welfare laws. Animal abuse was already illegal, and it was the "ASPCA" who offered redress to Mary Ellen Wilson by arguing that she was an animal, and hence entitled to the court's protection.

Modern families don't stay together if the parents can't make a life with each other. In modern times, people don't have to stay together if they are unhappy in their marriages. However, society does not permit them to sever their ties with their children as easily. Since both the mother and father can't be present after a divorce, the court has to divide the childrens' time between the parents so they can each at least have some opportunity to share in their rearing. This compromise, for better or worse, is the laws surrounding child custody and visitation.

If a child is being abused in either parent's home, it is possible that contact with the child will be limited by the court. What one judge considers abuse may not be what another one would be concerned about. Some judges have to see black, blue or red before custody of a child can be changed or his / her parent's visitation suspended. Some have to have proof of excessive drinking or elicit drug use to limit visitation. In one case I had, the judge severely limited the mother's time with her kids because a social worker reported that she was "depressed", and that some harm "might" result to the children unless her time with them was limited.

The unfortunate thing is that it is hard to prove some forms of abuse. A child can be psychologically injured without any outward signs of damage. A parent who subjects his child to mental abuse can be as damaging as a physical abuser. The courts can't assume that a person who is abusive or unkind to his / her spouse will necessarily mistreat his / her children. Thus, children are often forced to spend time with a parent they have reason not to like or trust.

The other side to the story is the parents themselves. Divorce is often so rancorous that the truth is impossible to detect. A parent who has a bad opinion of the child's other parent can lie and exaggerate the situation until the child is forced to conclude that the other parent is somehow dangerous or scary. Even subtile indicators, like facial expressions or tone of voice can tell the child that the other parent should be feared and that he / she is somehow untrustworthy. Many times, the child's fear of visitation is not so much his feelings towards the other parent as his fear that the parent who generally lives with him / her will be alone. Kids fear being abandoned themselves, and it is easy for them to attribute a custodial parent's reluctance to cooperate with visitation as a fear of loneliness. The visiting parent is the bad guy in this scenario because he / she is forcing the child to leave when he / she wants to stay to take care of or comfort the parent who is left behind.

Parents should be sensitive to the position they put their children in when they discourage visitation, either openly or more subtley. The child should not have to make the decision as to whether it is all right to love both of his / her parents. The child should be encouraged to feel and express his feelings based on what actually occurs in his life, rather than basing his reactions on what the adults around have said or done to each other. Divorce is hard enough on kids, demanding as it does that one parent is only an occasional part of the child's daily life. Until society develops a formula to separate the child's real needs and feelings from the anger and disappointment that often influence their parents testimony about them in a divorce, the kids will have to take their chances with the legal system. Happily enough, growing up with both parents is usually best for kids.


Copyright (c) 2009 Lucille Uttermohlen



Lucille Uttermohlen has learned about the legal and practical aspects of couplehood from her 27 year family law practice. For more articles about the issues facing couples today, visit Lucille at http://www.couple-or-not.com/ or leave comments on her blog at http://www.couple-or-not.com/blog If you have a question about the law or just need some relationship advice, write to Lucille at lucille@utter-law.com

Article Source: http://www.articlecompilation.com/

A Holiday Custody and Visitation Schedule Template

By Kevin Neade

When parents divorce or separate, they need to make a custody and visitation schedule that outlines the time the mother and father will have with the children. A very important aspect of this schedule is the holiday time. The parents need to make a good holiday schedule that shows where the child is spending every holiday. Here is a template for the holiday visitation schedule for how to do that.

The first step in making the holiday schedule is to decide what holidays to include. The mother and father need to compile a list of all of the holidays they want in their schedule. To do this, the parents should look at national, school, and religious holidays that they observe. Along with this, the mother and father should look at the holiday time they have off from work. This can impact which parent gets a particular holiday. The parents can include whatever holidays they want to from all of these categories.

The next step in the template is to write down the length of the holiday that will go into the schedule. Some holidays can last multiple days, or holidays can even last half of the day. This should be done in accordance with what is best for the child. For example, Thanksgiving weekend can be designated as a four day holiday with one parent, or a half day with each parent on Thanksgiving with the parents splitting the weekend.

Once the length of the holidays are determined, the parents should divide up the holiday time. Each parent should have about the same holiday time with the children. The holiday time takes precedence over the repeating cycle of custody and visitation. This means that if a parent is normally scheduled to have a weekend visitation with the child, but the other parent has the child for holiday time, the parent with the holiday time has the child.

The last thing in the template is how the parents will alternate holidays. Some parents make a new holiday schedule every year and change up the holidays that way. Other parents alternate the holidays back and forth every year. Figure out a system that works for the situation.

Following this template to make a holiday visitation schedule will help parents make a great addition to the custody and visitation schedule. Holidays are an important part of the child's life, and the schedule helps the child anticipate and celebrate them. It also allows the parents to enjoy the special time with their children.


Custody X Change is custody software that gives parents a complete child visitation schedule template to follow. With this template, they can make a thorough holiday custody schedule for their child.

Article Source: http://www.carolinaarticles.com/

Visitation: It Shouldn't Be Scarey For The Kids

Copyright © 2010 Lucille Uttermohlen

Your Ex's behavior may seem new and frustrating to you, but divorce judges have heard it all before. If your kids act scared or unhappy when they have to go with the other parent, chances are pretty good that you won't be able to change the judge's order. Only when you can show that your kids were physically harmed or have credible witnesses who can testify that your kids are suffering mental anguish when they see the other parent will a judge consider excluding or even limiting his / her access to the children.

Young children are frequently upset when they are forced to change their routines. When their other parent shows up at the door and drags them away from their familiar surroundings, they might cry and act like their world is coming to an end. This behavior doesn't necessarily mean that they are afraid. It just means they aren't sure what to expect, or why they are being made to leave without the parent they are most used to. A child's fear will often vanish as soon as he / she is distracted by new surroundings.

The judge is likely to lay a child's initial reluctance to leave with the other parent at the custodian's door if it seems that the custodian's reaction to the other parent caused the child's fears. It is easy for a child to pick up on an adult's misgivings. The child does not have the experience to understand adult concerns, and it is likely that he / she will interpret Mom's anger with Dad as a reason to be scared. It is doubtful that a judge will believe a child is in danger with the visiting parent unless there is solid proof.

Parents who want to make visitation a positive experience for their kids can help by hiding their own misgivings. A child takes his cue from the custodial parents verbal and non-verbal assessments of the other parent. He / she will be apprehensive about the other parent if he / she senses that the custodial parent does not regard him / her highly. . If you say, "you have to go to your mother's this weekend or I'll get in trouble with the court," you are telling your child he /she has reason to be apprehensive and nervous while he / she is with the other parent. If you say, "Hey, you get to go to your dad's this weekend," you are letting the child know you think he / she is about to have fun.< If your frown lines manifest every time you expect the other parent to appear, it is like telling your child "you have every reason to be concerned. You could be in real danger. If you can treat the other parent with courtesy, if not enthusiasm, the child is going to be less apprehensive about visiting.

If it is possible, the non-custodial parent should have more frequent visits. If the child sees the other parent more often, he / she won't feel so strange going home with him / her. Short but frequent visits during the week will make the child's transition into weekend stays easier and should be considered if work schedules permit.

There are two sides to every divorce, yours and "Butt Head's". As an attorney, I have heard of many situations that would give me pause if I were obliged to turn my child over to that parent. Both parents have a right to contribute to the child's upbringing, and unless there is abuse, a judge is likely to insist that the non-custodial parent get his / her visitation.

------------------------

Lucille Uttermohlen has had 27 years of family law experience. For free information about the divorce process, visit Lucille at http://www.couple-or-not.com/ .


Source: http://www.submityourarticle.com/

Permalink: http://www.submityourarticle.com/a.php?a=57705