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Family Law Resource Directory
Home > Articles: Types of Child Custody Agreements
Family law, family law lawyers, family law attorneys, family law firms and family law resources and information related to divorce, legal separation, annulments, grandparent rights, child custody, visitation, division of assets, property division, domestic violence, family violence, restraining orders, all matters of family law.
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Child Custody and Visitation
When a divorce is brought to the court, child visitation is considered at the same time and according to the same factors as child custody. The term stands for the time when the non-custodial parent is allowed to meet with the child. But a parent can be denied child visitation in the case of sole physical custody. Child visitation is often associated with the term of parenting plan which determine the type of legal custody of each parent and also defines when the child is to be with the non-custodial parent. Parents can reach such an agreement on their own, this is the best case, or the court can decide on this matter, which can be often the worst cases.
The best situation is when both parents manage to solve their personal differences to reach an agreement on the child visitation off the court. In this case, the agreements reached between both parents will become the parenting plan. The case does not require anymore to be brought to the court even if the child is very young. A decade ago, courts used to give infant visitation guidelines preventing the non-custodial parent to spend a lot of time with the child. Such provisions are not valid anymore. Off court agreements does not necessarily to be translated in a writing contract and signed by both parents. However, parents may be well advised to have a written and signed parenting plan for future reference. It can also be used as a stipulation between both parties and then issued as a court order for future enforcement purposes.
Now, what if the parents are not able to reach an agreement on child visitation? Both parents will be required to participate in a mediation process. Typically, the two parents will be assisted to work out a parenting plan by a third-party, who can be an experienced attorney or social worker. Many visitation and custody issues find a happy ending through mediation sessions resulting in an agreement. Then it can be presented as a stipulation for issuance as a court order.
The worst case is when mediation fails. In this situation, the next step is a court hearing in order to solve the issues. Judges nowadays often require custody evaluations of the family by experts in the field of child psychiatry, psychology or mental health. Licensed social workers can also be called to present evidence for consideration by the court. Once all pieces of evidence have been presented, the court will make its decision. This is the worst case because it can be very complex and expensive such visitation disputes. Eventually, disputes often result by the denying of custody and/or visitation rights for one of the parent.
About Family Law
Family Law is an area of law that covers many areas including but not limited to the following: Divorce, Dissolution of Marriage, Domestic Partnerships, Legal Separation, Annulment, Nullity, and Nullity of Marriage, Parentage and Paternity, Child Support, District Attorney Issues, Spousal Support and Alimony, Wage Garnishments, Arrears or Arrearages, Location of Assets, Child Custody, Visitation, Child Custody Evaluations, Post-Judgment Modification of Orders, Division of Property, Domestic Violence, Restraining Orders, Summary Dissolution, Guardianship or Probate Court, Qualified Domestic Relations Order (QDRO), Division of Pensions, Adoption, Grandparent's Rights Stepparent's Rights (Custody and Visitation), Name Changes, Pre-Nuptial Agreements, Post-Nuptial Agreements, Arbitration, Mediation Services, Alternative Dispute Resolution (ADR), Collaborative Law or Collaborative Divorce, Registration of Foreign Judgment or Order, Final Judgments and Final Judicial Orders.
Family Law Articles
- Legal Separation Article: Legal Separation and Divorce
- Types of Child Custody Agreements
- Child Visitation: The Best and the Worst Case
- What are premarital agreements?
- Grandparent rights to visitation
- Victims of Domestic Violence: What to Do?
- Is Domestic Violence a Crime?
- Child Support Calculation
- Temporary Restraining Order and Restraining Order after Hearing: What is the difference?
- Is Domestic Violence Different from a Civil Harassment?
If you are seeking legal advice on a family law matter such as the family law matters listed above, you may want to discuss your specific situation with a family law attorney. For example, if you are going through a divorce, you will want to consult an divorce lawyer or divorce attorney who specializes in divorce. If you are going through a child custody related matter, then you may want to consult a custody attorney or custody lawyer who specializes in child custody cases. Regardless of your family law matter, you will want to consult an attorney in your area to find out where you stand legally and what your legal options are.
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