Setting Child Custody and Visitation Rights
There are a number of ways in which child custody cases can be settled, including a contested court case or more amicably outside of court. Researching the different types of child custody plans is important for a parent or a family lawyer before settling.
- CHILD CUSTODY AND VISITATION RIGHTS GUIDE
- ⇒ Setting Child Custody and Visitation Rights
- » Child Visitation and Custody Rights
- » Can I Modify a Child Visitation Agreement?
- » Disputes Over Child Custody and Visitations
- » Child Custody and Visitation When A Parent Is Overseas
- » How Can A Lawyer Help With Child Custody and Visitation?
Bird Nesting in Child Custody CasesBird nesting is a post-divorce parenting way to handle the dissolution of the relationship and the subsequent situation with children in both the custody arrangements and the property and living situations. This type of child custody plan is a different approach that will provide all parties involved a unique way to progress as a family unit.
Read more- Role of Child's Preference in a Child Custody Case
A child’s preference in a custody case may have no effect, or it may have a direct effect on the ultimate outcome of the custody case. Parents often make decisions related to child custody by their own agreement and may consider their child’s opinion in a manner they deem appropriate. However, if the parents do not agree on this information, a judge makes the decision.
Read more - Settling Child Custody Matters in a More Amicable Manner
When people think of child custody cases, they often think about a highly contested case in which the parents do not agree about which parent is suitable to act as the primary custodian. However, there are a number of ways that such cases can be handled outside of court in a more amicable fashion.
Read more - Unique Options for Child Custody
Child custody arrangements can take various forms and often are unique to the situation no matter what the normal is in the state and knowing what the judge will accept is an important aspect of any child custody case. When proceeding through what is possibly unique, the parents will need to have a plan and effective way to enforce the different options.
Read more - Will My Child's Opinion Be Considered in a Custody Case?
Divorce often leads to child custody battles when both parents want the child for various reasons. These battles tend to lead to court dealings that may cause much time and money to resolve. These proceedings come about when the parents are unable to arrange times and a date to share the child or children and mediation has failed or is not considered be an option.
Read more - Factors Affecting Child Custody and Visitation
When determining which parent should have primary custody, whether custody should be shared, and how much visitation each parent should have, courts must look at a number of factors. Of course, these factors vary from state to state, but the overall question is generally the same: “What is in the best interests of the child?" Answering the questions below will give you insight into the specific questions courts may ask to determine which parent (or both) should be granted custody.
Read more - Can I File a Show-Cause Motion for Child Visitation?
When individuals want visitation rights to their children, they may be confused about the process of going about this. While married parents often have equal rights to their children regardless of their gender, for unmarried parents this is often different.
Read more - Can You Get Joint Custody While a Divorce Is Pending?
Joint custody between spouses during the divorce process is standard in many states. Typically, both mother and father have the option to visit and ensure the well-being of the children while the court is considering the divorce.
Read more - Child Custody and Visitation Investigations
When a couple decides the relationship must end, the question of who has primary custody and who may visit the child is important. These situations are often fueled by extreme emotions, complications due to conflict and arguments back and forth about who is provided what type of access to the young one.
Read more - Custody Evaluations
In some custody cases in which the parents do not agree on who should have primary custody of the children, a custody evaluation is taken. The judge can consider the results of this evaluation in addition to other information. Such custody evaluations may occur during the divorce process. If the parents are not married, this may be part of a separate custody action or a modification of custody action.
Read more - Does My Civilian Spouse Automatically Get Full Custody?
Before the divorce becomes final, it is important for a parenting plan’s creation to occur between the two parties for the time and educational purposes of any child or children affected by the separation of parents. When the military spouse faces deployment, the child may need to remain with the non-military parent even if he or she does not have custody.
Read more - Who Makes Decisions Regarding a Child in a Joint Custody Situation?
Generally, a divorce between spouses will require child custody arrangements through a court that helps decide who will get the youth unless both parents have a plan and there are no arguments between them. However, joint custody is also possible and can lead to both mother and father making certain decisions either together or separately.
Read more - Custody of Children While Divorce Is Pending
During the pending divorce case, it is important to know if temporary custody is possible with the parent seeking to either acquire sole or primary custody of the children from the marriage. However, because of the time and possible messy conflict, both parents usually have a joint type of full custody without a set arrangement already in place.
Read more - Joint Legal Custody - Is It Presumed to Be Better for a Child?
Judges in certain states view joint custody as the best possible situation for a child because it provides the best interests for the youth with time and upbringing by both parents to nurture and help the young person. Some states will use joint custody as the base rather than something one parent will seek to change sole custody arrangements.
Read more - LGBT Families and Child Custody
When an LGBT family is unable to remain together, the same-sex parents may need to undergo a similar process as their opposite-sex parents for child custody. In these situations, it is best to remain peaceful and cooperate with each other to ensure a better outcome, and some may even choose to use the legal remedy of mediation for assistance.
Read more - Parent's Mental Illness May Affect a Child Custody Case
Child custody in most states relies upon several factors that can increase or decrease the claim of each parent which also includes the mental faculties and capabilities of the parent in how he or she can raise and ensure the well-being of the youth. If the individual is not handling mental illness properly or taking the necessary medication, he or she can lose the custody case.
Read more - During a CPS Investigation Grandparent Custody May Be an Option
There are several cases where a child will suffer at the hands of the parents which then involves the Child Protective Services with an agent that will remove the youth from the home. In many of these situations, the grandparent(s) may become the parental figure(s) and take custody of the youth depending on the circumstances of the home life.
Read more - Who Gets Automatic Custody of a Child if Parents Aren't Married?
Married parents often have more custody rights to their children than in the situation of unwed parents. It is important to understand what rights are present in this situation. If you would like to be involved in your child’s life, you may have to take proactive steps to ensure this is a possibility.
Read more - As a Father, What Are My Parental Rights?
Most fathers are unaware of what rights they have. This may be due to variations based on the state where they reside, but in certain instances, different professionals have differing answers. In most situations, the rights a father has are the same as the mother.
Read more - Travel Restrictions for Parents and Child after a Divorce
After a divorce finalizes, both parties may find certain restrictions if they attempt to travel with a child of the marriage to another state or even to another country. Even if the trip is only for an international vacation to visit certain locations, the parent may not do so when the divorce limits the travel based on certain complications each person may need to consider.
Read more - Does Military Service Affect Child Custody?
The military service member may need to determine if he or she is able to take care of a child after divorcing a spouse because of active or reserve duty. If this parent needs to travel or move overseas for months or years at a time, the nonmilitary service parent may need to take over during these periods to ensure the well-being of the young person.
Read more - Unfit Parents - Can Grandparents Win Guardianship of Grandkids?
When the biological parents are unfit to take care of their own children, it may be time for the grandparents to step in and acquire guardianship for a more loving and nurturing house. However, in order for this to occur, the grandparents must understand how to proceed and what is required of them in these situations.
Read more - Who Determines How Much Visitation a Parent Gets?
Many people are confused by the process of determining child custody and visitation. It can be a stressful time, so confusion is only natural. But, many ask who gets to determine how much visitation a parent gets? Is it the court? The parent with custody? The parent seeking visitation? The child? A government agency?
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