by Admin on September 26, 2010
Visitation refers to the right of a non-custodial parent to visit their child. The main goal of child visitation rights is to allow each parent an opportunity to maintain a bond with their children even if the marriage no longer exists.
Usually, the non-custodial parent has legal rights to child visitation or parenting time except when the family court finds that visitation is not in the best interest of the child. States differ when it comes to their approach to visitation and child visitation right although it usually consists of alternating weekends and a number of holidays. The final divorce agreement states the amount of time of visitation and visitation schedule. This may be modified by further court order.
When joint child custody is awarded following separation or divorce, child visitation rights are awarded to the non-custodial parent. While the divorce case is taking place, a court may award short term child visitation rights to one parent whereas the other will be granted primary physical custody of the child. Long term child visitation rights are awarded if a family law judge determines that it is in the best interest of the child to have regular contact with both parents.
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Child visitation rights are regarded as a privilege rather than an innate given right. If the court establishes that it is not in the best interest of the child to grant child visitation rights to one parent, sole custody may be awarded to another parent. In cases where the non-custodial parent is denied of child visitation rights, he or she may still be ordered to pay child support to the custodial parent. In the eyes of the family court, child support obligations and child visitation rights are two separate affairs.
On the contrary, if one parent receives both child visitation rights and child support payment obligations, the parent may not lose his or her child visitation rights even if that parent fails to pay child support. However, this does not mean that there are no legal consequences if the parent fails to pay child support ordered by the court. There are several ways that a parent can be penalized for failing to pay child support but loss of child visitation rights is not included.
Laws on child visitation allow parents to work out a satisfactory visitation plan of their choice as long as this plan is in the best interest of the child and both parents agree to the terms. Negotiation of child visitation rights can be made independently or with the assistance of a neutral third party mediator.
If an agreement cannot be achieved through independent or mediated negotiations, the court may intervene in order to establish child visitation rights. The court may also intercede in cases that involve domestic violence or highly conflicted situations.
Child visitation rights can be modified for various reasons such as relocation of the custodial parent, violation of a court order, a change in the parent’s job, danger posed to the children by one parent, and more. A parent must petition the court for approval if he or she wishes to change any part of child visitation rights.
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You must speak with a qualified family law attorney if you are seeking child visitation rights to ensure that your interests are protected.
by Admin on August 22, 2010
Divorce is defined as the termination or the dissolution of marriage. When filing for divorce, there are important matters that you need to take into consideration. These include the child custody, child support, division of the property, and alimony or spousal support. However, before taking necessary actions, it is important for you to be knowledgeable on the different types of divorce so you can explore your options and determine whether such option is appropriate for your situation.
The Types of Divorce
No-fault Divorce
An allegation or evidence of fault of either party is not required in a no-fault divorce in order to terminate the marriage. One of the parties or both parties can file the application for a no fault divorce.
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Fault Divorce
In contrast with no fault divorces, fault divorces require an individual to prove that his or her spouse is at fault before a divorce can be granted. Grounds for fault divorce vary in every state but in general they include adultery, abuse, desertion, alcoholism or drug addition, incarceration, and insanity.
Summary Divorce
A summary or also known as simple divorce is allowed in some jurisdictions and is used when spouses meet specific eligibility requirements or can mutually agree on key issues of divorce in advance. The requirements for you to be eligible for a summary divorce are: you should have a short duration of marriage which is less than 5 years, you must have no children or in some states, when the spouses have negotiated and resolved custody and child support payments, you must have little or no property, your marital property should not be more than $35,000 and the personal property of each spouse must not exceed the threshold that is the same as the marital property.
Uncontested Divorce
A divorce is uncontested when both parties are able to reach a mutual decision, with or without lawyers or mediators, regarding their property, children and payment support issues. When the spouses agree on these matters and are able to show the court a just and a reasonable agreement, it is almost guaranteed that a divorce will be granted. If the parties do not find it possible to reach an agreement, they may request the court to preside over the case and decide how to divide their property and manage their children’s custody.
Collaborative divorce and mediated divorce are considered uncontested divorces.
Collaborative Divorce
In collaborative divorce, the parties discuss and negotiate a resolution with the assistance of lawyers who are trained in the collaborative divorce process. The parties have the power to make their own decisions based on their needs while being guided with full legal assistance. The divorce attorneys involved in the case agree that they will not engage themselves in representing the parties in litigation if the parties do not reach any agreements. However, if this happens, the information during the collaborative process can later be used in further legal proceedings. The disadvantage of collaborative divorce is that there is no specific time frame set for the completion of a divorce.
Mediated divorce
In divorce mediation, a mediator who is a neutral third party facilitates the discussion between the two parties by aiding with communication and offering information and suggestions to help them resolve conflicts or differences. The mediation process must be able to help both parties to develop a suitable divorce agreement that can be submitted to the court.
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