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Home > Articles: Child Custody and Child Visitation
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Child Custody and Child Visitation
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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.
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Child Visitation Article: Child Custody and Child Visitation This article explores ideas related to domestic violence and the comparison to civil harassment.
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