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divorce custodyWhen determining child custody and visitation rights in a court, the parents’ priorities take a back seat. The judge’s primary consideration is, "What is in the best interest of the child?" The focus is from the viewpoint of the child as opposed to the wants and desires of one parent or the other. Other methods of deciding child custody and visitation rights can be performed through mediation or collaborative law, which both will give the parents a greater say in the outcome of child custody and visitation.
More states have begun to establish a general rule that it is in the best interest of a child to have continuing and frequent contact with both parents and the parent who is most supportive of this concept becomes the custodial parent. If one parent attempts to undermine the relationship between the child and the other parent, this factor could be considered in deciding child custody and visitation, benefiting the other parent. With determining child custody and visitation, the best interest of a child is determined on a case-by-case basis upon consideration of all relevant facts concerning the circumstances of both parents.
The ideal situation is when parents can agree on child custody and visitation. As long as there are no justified circumstances, such as abuse or neglect, a parenting plan can be developed by both parents and will be considered binding. If the issue of child custody and visitation is not raised in a court action, the agreements worked out between the parents is left undisturbed. The agreement does not have to be a signed and written document by both parents, but for future reference, a written, signed parenting plan is preferable. A written, signed parenting plan can be entered as a provision between the parties and then issued as a court order for future enforcement purposes should the spousal relationship turn sour.
When parents disagree on child custody and visitation, it must be brought in front of a judge or mediator, or settled through the collaborative law process. Most states require parents who are unable to reach an agreement on the issues of custody and visitation to participate in a mediation session to work out child custody and visitation. The mediation session consists of both parents and a third-party, typically an experienced attorney or social worker. At the session, everyone can discuss relevant factors and concerns in an effort to reach an agreement. Many contested issues of custody and visitation can be resolved in a mediation session and this session typically results in an agreement, which then can be presented as a provision for issuance of a court order.
In the event that the mediation of child custody and visitation fails, the parents can then pursue litigation of unresolved issues. A court hearing will be conducted where each side can present evidence and arguments. The court will often call experts such as social workers and psychologists to present evidence regarding the best interests of the child. After the court has been presented with such evidence, it is then in a position to make an order regarding child custody and visitation.
Child custody and visitation disputes can be very difficult and expensive to resolve. An agreement by both parents is the preferred course of action since a joint parental decision is more likely to be followed than if an outsider makes a decision for them. An experienced attorney can help you decide the best approach to a child custody and visitation rights resolution.
The fate of a 6-year-old boy living in Delaware could set a precedent for how US-international divorce custody cases are fought and won. A custody battle between the boy’s parents, Henry and Jody Baxter, recently ended with the Philadelphia US 3rd Cir...