Laws and Policies on Child Custody and Visitation Agreement
By Praveenben http://www.parenting-skills.org
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Child custody and visitation agreement-affecting factors: As much as families want to stay together, there may be instances wherein the best decision is the parents’ separation. In this instances, coming up with a child custody and visitation agreement is important, not just for the sake of the parents but also for their children. This article takes a look at the factors that can affect child custody and visitation agreement as well as winning child custody strategies you can follow in order for you to win your case.
What is a child custody and visitation agreement? The child custody and visitation agreement is a written document that lists down the conditions that both parents will follow when it comes to just about anything that is involved in the raising of the kids, be it who gets custody or visitation rights, how much time the children will spend with each parent, who has the power to make decisions in the raising of the children, and such. All important details are listed on the child custody and visitation agreement so that the parents will have clear boundaries on what they can and can’t do with regard to the role they will play in their children’s lives. While the child custody and visitation agreement can simply be a document that is agreed upon by the mother and the father, in most instances, the child custody and visitation agreement is issued by the courts, making the parents liable if they are not able to live up to the terms stated in the document. Ideally, the child custody and visitation agreement is made between the partners amicably so that they will be able to come up with the conditions that will be best for them and their children, since parents are usually the ones who are best-equipped in making the best parenting decisions and arrangements for their kids.
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However, there may be instances wherein the mother and the father don’t have a good relationship (such as those who have or are currently going through a painful divorce) and will may not be equipped to face their ex-partners to draft the child custody and visitation agreement. In these instances, lawyers may represent the parents in order to come up with a child custody and visitation agreement that both parties will be amenable to. While the child custody and visitation agreement usually only involves the mother and the father, there are some instances wherein other stakeholders may also be involved in the conditions stated in the document, such as grandparents, other relatives, and the childs caretakers.
A look at child custody and visitation laws Of course, it isn’t just the child custody and visitation agreement that will determine the rights of parents over how their kids are raised. There are laws that are involved in custody and visitation rights. Although this can differ between states, some of the established laws involving this matter include:
Custody: Custody is determined by the courts following several factors, including the parent’s financial capacity, relationship with the child, amount of time he or she can devote to his or her child, and his or her history that can affect how he or she will bring up the child (which can include criminal history, history of drug use, etc.) Alternatively, the parents can already decide beforehand who gets custody of the kids and put it in the child custody and visitation agreement and have this evaluated by the courts.
Visitation: The parent who is granted custody can be given visitation rights. The child custody and visitation agreement should clearly stipulate just what the extent of these visitation rights are.
Child support: Both parents will be required to give child support, regardless of who is given custody. The amount of money that will be given will need to be noted down in the child custody and visitation agreement.
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Custody and visitation rights of non-parents: As mentioned earlier, it’s possible for non-parents to make a petition to have custody or visitation rights over children. For example, grandparents, foster parents, stepparents, siblings, and other such individuals may ask the courts to be granted the legal right to have custody or at least to have visitation rights with the kids in order to be able to maintain their relationship with them. The petition, which can be included in the child custody and visitation agreement or put on a separate document, can be approved or denied by the courts depending on what the impact of this relationship will have with the kids.
The children’s choice: It’s possible for the child to choose which parents to live with. In most instances, however, the child’s preferences are only seriously taken into consideration if he or she is already 12 years old or older. The preference of the child will be noted down in the child custody and visitation agreement.
The rule of thumb followed by the courts is that it will base its decisions following the best interests of the child. As such, its possible for the child custody and visitation agreement drafted by the parents to be denied by the courts if the judge deems that the agreement doesn’t consider the best interests of the child. However, as long as the terms in the child custody and visitation agreement are reasonable, the courts wouldnt have a problem in approving this document.
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What happens if something in the original child custody and visitation agreement will need to be changed? The law and the courts recognize the possibility that there may be instances that may occur that will render at least a few of the clauses on the child custody and visitation agreement invalid. In these instances, the stakeholders can start a case in order to have the original child custody and visitation agreement modified. Alternatively, the child custody and visitation agreement can already come with a provision that allows changes to be made as long as both parents agree to these revisions so that neither of them have to go to court each time changes have to be made on the original document.
Winning child custody strategies for men and women Ideally, the child custody and visitation agreement should be decided on by both parents who have thoroughly discussed all of the factors that will be involved in the raising of the kids and have thus drafted the child custody and visitation agreement to contain all of these factors. However, in a lot of instances, the separation between the parents may not be as amicable as that. In these instances, both parents will put up a fight in order to get custody or visitation rights over their children. Some of the things you can do to improve your chances of getting the courts to rule in your favor include:
Get a child custody lawyer: The most important thing that you need to do should you get involved in a custody battle is to hire a lawyer who will represent you. In most instances, lawyers are already able to come up with a child custody and visitation agreement that both parents can agree to.
Come prepared: Do all of your research so you can present a solid case to the judge. That way, you will be able to give the conditions you want put in the child custody and visitation agreement if you are asked about it.
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Be honest with your lawyer: Don’t try to hide anything that can bar your chances of getting custody or visitation rights, since your ex-partner may actually bring these up in court. Be honest with your lawyer about your strengths and weaknesses so he or she can prepare your case accordingly, including the details that he or she will be proposing for the child custody and visitation agreement.
Don’t make empty accusations: Mudslinging won’t win you any cases. Instead of throwing empty accusations against your ex-partner, make your arguments valid by justifying why you have a better right in taking care of your child than your expartner. on why
In coming with a child custody and visitation agreement, don’t become so blinded with the desire to have things go your way that you forget to take your child’s needs into consideration. Remember, the reason why you’re drafting the child custody and visitation agreement is so that your child will be well provided for, so be sure to take his or her needs and choices into consideration as well. Click here now for more information on how to win a favorable Child Custody arrangement a unique program developed By World Famous Custody Experts Dr.Barry Briclin and Gail Elliot. And You May Download My Free E-Report On “Top 20 Recipes for Successful Parenting “
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