Understand the Ends and Outs of Custody and Visitation
When a couple has had a child and chooses to go their separate ways, they have to determine who will gain custody of the child. Sometimes, a lawyer needs to get involved if the parents cannot come to an agreement. Child visitation laws can vary by state, so it is important to become familiar. Outlined below are different types of custody and answers to frequently asked questions surrounding child visitation.
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Types Of Custody
While states have their own laws regarding child custody cases, custody generally falls into two different categories and knowing the difference between visitation and joint custody is important. A parent will either have sole or joint custody over the child. In the case of one parent having sole custody, the other parent may have visitation rights. A child custody and visitation sample may include one parent having sole custody, but allowing the other parent to visit twice a week. The visits may or may not be supervised.
Child Visitation Guidelines
Child visitation guidelines and regulations can vary by state, so it is important to consult a professional knowledgeable in law. However, most courts follow these guidelines.
What Is Considered When Determining Child Visitation?
- Location of each parent
- Age of the child
- Work schedules of the parents
- Daily life schedules of the parents
Court systems prefer that each parent has an active role in the child’s life. However, there are reasons to deny visitation. These include a history of domestic abuse, drug abuse, or violence. A judge may also modify your visitation schedule if you have a history of supervised visitation violations.
What do Child Visitation Agreements Contain?
- Visitation schedule in detail
- Where the child primarily lives
- Any geographic restrictions
Child visitation agreements are most often written up by the parent with sole custody and then sent to the court for approval. Couples can come to agreements outside the court system, but it is recommended to still submit the agreement to a judge.
Types of Child Visitation
Generally, there are two types of child visitation: supervised and unsupervised. Unsupervised allows the parent who doesn’t hold primary custody to spend time with the child free from a third-party. This means they are free to bring the child with them wherever they want, within terms of their agreement, without anyone supervising them. A supervised visitation is a set time and date the meetings occur and they are overseen by a third-party.
What Are Child Visitation Rights for Fathers?
There are some instances where the court system will favor the mother. This is because the father is seen as the breadwinner, while the mother is viewed as the caretaker. Although some states are progressing and leaving this idea behind, some still are firmly rooted in this belief. If you are going through a divorce, child visitation may be established in the divorce decree. These rights could include:
- Scheduling activities with the child
- Visiting the child at the specific time
- Visiting the child for the entire duration of their allotted time
Deciding what is best for you and your family can be stressful. There may be several imposing factors that are standing in the way or a heap of paperwork to go through. Hiring a lawyer can help you navigate the court system with ease. A lawyer will be on your side and fight for what you want when it comes to custody and visitation surrounding your child. They will ensure all your rights are protected and help you overcome any speed bumps you may encounter along the way.