In many divorce cases, custody of the children is shared jointly. However, in some cases, this is not feasible. Regardless of the situation, it is important to reach a visitation schedule that suits your family’s unique needs.
Without the help of a compassionate child custody attorney, dealing with visitation issues is usually the most emotionally difficult aspect of a divorce. If you are grappling with these issues, you should talk to one of the sympathetic Raleigh visitation lawyers at Triangle Divorce Lawyers who have helped others in similar situations.
In any visitation matter, the courts will look to the best interests of the children in deciding the outcome. This means the parenting skills of each spouse will be considered, as well as the willingness and capacity to provide childcare. Determining capacity to provide childcare means the employment records, financial statuses, physical and mental health, and moral fitness of each parent will all also be examined. If the child is old enough to express an opinion and has a strong preference for visitation, that can also be a factor that the court may consider.
An experienced Raleigh visitation lawyer can help a parent assemble compelling evidence to support their side of the story so that they can protect their rights as parents and help find a solution that fits their family.
In cases involving physical abuse or other kinds of cruelty, or during periods of reunification, the spouse who has custody may demand that the other spouse see the children only under supervision. This may be something that can be worked out between the parties as part of the larger negotiations. Two important issues when considering supervised visitation are who the supervisors will be and who will pay for their services.
If the other party objects, the custodial spouse may have to persuade the court that there is some risk of violent behavior or possible abduction. This will have to be done with “greater weight of the evidence.” If the court is persuaded that there are risks, it can order that visitations only occur under the supervision and that the non-custodial parent pays for the supervisor’s time.
Visitation is typically an arrangement that can be adapted as time goes on. For example, the non-custodial spouse may decide they prefer longer visitations separated by longer periods of time, rather than briefer ones every week. If one spouse relocates, visitation schedules often must be modified.
Unless the split is bitterly contested, it is often better to try to work out a parenting agreement where issues can be resolved through negotiation between former spouses and their separate attorneys or through the court’s mediation services.
Before discussions begin, both parents should inform their attorneys in a detailed way about what they are seeking in terms of visitation rights, child support, and other issues. A Raleigh visitation lawyer can help the parent formulate a proposed schedule in advance, as well as provide legal advice about what a court would likely order in such circumstances. This valuable information will provide a parent with a plan of action in mediation that would best benefit the children. Other professionals, such as child psychology experts, may also be utilized to give opinions and to help reach a favorable agreement.
Custody and visitation are just one of the complex issues that arise during divorce. Even if a plan seems simple, it is often complicated by holidays and family celebrations. Therefore, it is important to create a dynamic plan that reflects your family’s changing needs.
A detail-oriented Raleigh visitation lawyer could work with you to help you create a plan that accounts for the best interests of both you and your children. Contact Triangle Divorce Lawyers to set up a case review to learn more.