After a separation or divorce, if joint child custody has been awarded, child visitation rights are granted to the non-custodial parent. A court may grant short-term visitation rights to one parent, and the other will receive primary physical custody of the child during the divorce case.

In the case of a family law judge deciding that it is best for the child to maintain regular contact with both parents, long-term child visitation rights are granted.

Child visitation rights are not considered a given right. The court may decide that it is in the best interest of the child to grant sole custody to one parent, rather than to allow access rights to the other.

The non-custodial parent can still be ordered to pay child support in cases where access rights are denied. Child visitation rights and child support responsibilities are two separate distinct issues.

On the other hand, if a parent receives child support payment obligations and visitation rights, there is a chance that he/she will not lose their visitation rights even if they fail to pay child support.

However, there are many ways in which a parent can be punished for not paying child support; loss of access rights is simply not one of them.

So long as both parents can agree to the terms decided, child visitation rights laws enable parents to bring about a rational visitation plan, as long as the plan made is in the best interest of the child. A third party sometimes becomes involved in the making of a access plan, as they are unbiased and able to assist a discussion of both parents wants and needs in order to reach an acceptable agreement without going to trial.

If an agreement cannot be reached however, the court may intervene and determine the child access rights. In cases of domestic violence the courts may also decide on access rights.

An example of a usual visitation schedule would be the non-custodial parent spending time with the child on weekends and certain holidays.

Violations of a court order, relocation of the custodial parent, change of a parent’s job, danger posed to the child by one parent are but a few of the reasons for child access rights to be changed. If a parent wishes to change any part of the access rights, they must petition the court. Child visitation rights aims to grant both parents the opportunity of developing a healthy relationship with their child.

Learn more about child visitation rights in child custody cases at my blog and arm yourself with the knowledge that you will need to obtain a good outcome in your custody battle.

Stop by http://ChildJointCustody.com now.

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Daughter seeks equal parenting time with both father and mother.

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When a custodial parent in a child custody proceeding requests a move away order from the court allowing him/her to move away a significant distance such that it would interfere with the noncustodial parent’s visitation and his/her contact with the children, this is commonly referred to as a move away case. A move away case is one of the most difficult cases for the family courts to hear because the request by the custodial parent to move away with his/her children often has a negative impact on the amount of time and frequent and continuous contact the children will have with the noncustodial parent. Some jurisdictions are permissive in how they rule on move away cases and other jurisdictions are more restrictive.

States in which the statutory language and case law pertaining to move away cases is more permissive may result in having more permissive rulings on move away cases. In such states, there may be a strong presumption that the parent that has primary physical custody of the children has the right to move away with the children and the burden to prevent the move away rests squarely on the noncustodial parent to make a showing that the move away is done in bad-faith or the move away would be detrimental to the welfare of the children. Further, states that are more permissive in how they rule on move away cases may not require the custodial parent to show that the move is expedient to the child’s welfare or even necessary. In other words, if the move away is good for the custodial parent, then the move away is presumed to automatically be good for the children. As a result of such a high burden being placed on the noncustodial parent to prevent the move away, affecting a move away case has become the perfect battleground for some custodial parents to alienate the noncustodial parent from his/her children.

In other jurisdictions, the statutory language and case law pertaining to move away cases may be more restrictive and a higher burden is placed on the custodial parent seeking a move away order to demonstrate that the move away is in good-faith, necessary, expedient to the welfare of the children, and/or in the best interest of the children. In such states, rulings regarding move away cases may result in more restrictive move away decisions.

Overall, move away cases often have an all or nothing feel to them, especially for the noncustodial or left-behind parent. A move away case can change a child’s relationship with the left behind parent and it may never be the same as a result of a move away. A move away case is not about whether or not the parent can move away, it is about whether or not the parent can move away with his/her children. If you are seeking a move away order or trying to prevent a move away order you would be wise to consult an attorney to find out if your jurisdiction is more permissive or restrictive in how they rule on move away cases.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

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As divorce rates continue to rise, more and more children are growing up in a single parent household. Despite the fact that a divorce legally separates the parents from one another, it is important that both remain active in their child’s life. Because the welfare of a child becomes the focal point of all child custody cases, it is essential that you hire a qualified divorce attorney who specializes in this area and will work hard to see that the child’s best interests are met.

Current divorce laws differ from one state to the next, but there are several basic guidelines that each follows in an effort to achieve a fair custody arrangement for all involved. An experienced divorce attorney will be able to answer any questions that you may have regarding local child custody laws, divorce laws and how to prepare for your case.

Child custody may be granted to either spouse but, in most cases, joint custody is sought and approved for those capable of sharing the responsibilities and decision-making aspects of parenthood. Under these circumstances, it is important to understand the different types of child custody and what they mean to you. Temporary custody, which is most commonly agreed upon in the beginning stages of a marriage separation, is reached amicably by both parents and provides for a temporary resolution to issues surrounding visitation without court involvement. During this stage, the court will typically intervene only if one or both parents are deemed to be unsuitable.

In divorce court and/or divorce mediation, there are basically two types of custody, including legal custody and physical custody. Legal custody involves the rights for making legal decisions for a child, such as those relating to education, healthcare and other important factors that will influence the child’s general well-being. Sole legal custody occurs when only one named parent retains the right to make legal decisions for the child, whereas joint legal custody allows for both parents to handle legal decisions without one having superior rights over the other. Physical custody refers to the child’s actual residence and is either granted as sole, which means the child lives with one parent, or joint, which means that the child resides with both parents separately for a considerable amount of time during each calendar year.

When it comes to child custody cases, the court will attempt to reach an arrangement that is in the best interest of the child. Although the court will often consider the child’s wishes, the final decision is made by a judge after a full review of the case. After a decision is reached in child custody cases, it is widely believed that the child has the right to enjoy an ongoing relationship with both parents, receives continuing care and guidance from both the mother and father, is not influenced by one parent to view the other differently and is able to express his/her feelings and feedback without being made to feel ashamed about said emotions.

When it comes to the custody of your child, it is essential that you consult with and research several different divorce lawyers before making a final decision as to your legal representation. The pursuit of child custody is one of the most important of your life and you will value the advice on divorce as offered by your divorce attorney.

The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce, child custody, child custody laws and/or divorce laws. If you are in need of divorce advice or are considering a marriage separation, consult with a professional divorce lawyer in your area for further information and/or divorce advice.

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Tips for child custody cases and how to effectively handle your case

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