Custody and visitation arrangements are determined by the court based on the best interests of the child. A judge may order supervised visits when they believe that the parents might act inappropriately around their children or if it could be unsafe for the child to transfer between homes.
Your attorney should inspire confidence that they will seek a fair and appropriate parenting time arrangement. This may include bringing in outside professionals like custody evaluators and witnesses to provide testimony.
Best Interests of the Child
In all custody decisions, judges must follow a standard called “best interests of the child.” This is one of the most important factors for the judge to consider in a family law case.
This includes the child’s safety and health, as well as their emotional development. It also includes the child’s relationship with each parent, siblings, extended family, and other important individuals in their lives.
For example, if you are the primary caretaker for your children and have been involved with them since their births, then it will be very beneficial to have a clear picture of your parenting experience to present to the court. Tracking your parenting time and expenses, bringing crafts the children made for you, and demonstrating that you are dedicated to providing stability for the child in question will be essential evidence to present to the judge.
A seasoned Child visitation lawyer will know what the best evidence to bring is and will be able to build a strong case for you. However, many attorneys charge a flat fee for their services, and this may be very expensive when trying to fight for your rights in a custody battle. Fortunately, there are other options, including unbundled legal services.
Child Custody and Visitation
Often, disputes arise in custody and visitation cases because of allegations of abuse or neglect. If you think your ex-spouse is putting your child’s safety at risk, you have the right to file a petition in court seeking limits on their time with your children.
If you file this petition, the judge will take testimony and order a custody evaluator to investigate. The evaluator will report to the judge, who will decide what custody arrangement is best for your family.
Parents can share legal and physical custody, or one parent may have sole legal custody. With shared custody, both parents have equal responsibility for major decisions such as the child’s education, religion, healthcare and extracurricular activities. In most cases, the noncustodial parent will have scheduled visitation time with the child. However, courts can also deny visitation rights to a parent who poses an extreme danger to their child. This can include cases involving physical abuse, domestic violence, serious mental health problems or incarceration.
Parenting Plans
A parenting plan (also known as a custody agreement) outlines how divorced or separated parents will share responsibilities for raising their child(ren). It includes details like legal custody, time-sharing, cost sharing and child support. It can also address issues not related to child custody like visitation rights for grandparents and non-biological parents.
In most cases, the plan will specify whether one parent will have sole legal custody or if both parents will share decision-making. It will also include a visitation schedule and specifics like where the child will live and when each parent will see her. Some plans will include a provision for supervised visits, which are often used when the family court judge believes that unsupervised contact would be harmful to the child.
In addition, a parenting plan will usually outline how the parents will handle major expenses like medical bills, school tuition, day care and other expenses. It will also set forth a guideline for how the parents will split smaller, daily expenses like food, clothing and entertainment.
Modifications
As a parent, it is normal for your life to change and the original child custody agreement or settlement may no longer work. Our lawyers have experience with obtaining and defending child custody modifications.
For example, what worked for a toddler may not serve the needs of a high school student or if one parent develops a serious medical condition that requires more stable living arrangements. The death of a loved one, remarriage or a job relocation are also common reasons for seeking modification.
Domestic violence or drug addiction can also be grounds for a custody and visitation modification. If a parent or family member is not of sound mind or body, we can help you get a temporary restraining order to prevent contact with your children.
It is important to remember that the court will not change settled issues unless it can be proven there has been a substantial and material change in circumstances. For this reason, it is important to work with an attorney who can effectively argue your case.
