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Child Custody And Visitation Rights In A Divorce Agreement | Attorneys-Divorce.org

Child Custody And Visitation Rights In A Divorce Agreement

If marriage does not work out then people usually opt for divorce which is the termination of legal agreement as well as emotional involvement. Some couples end up regretting while others feel relieved after divorce. The only sufferer in all the case is the child or children. When demanding a divorce child custody is one of the most important issues to consider if you have children.

Child support relates to the support of child by the parents to meet the changing demands of the children as they grow up. It becomes a legal duty of parents to support their child/children and the court intervenes to give the child his or her rights when parents no longer live together. The family court declares a certain amount for child support that the parent who do not have the custody of child are bound to pay. A specific amount is fixed according to the needs of the children including medication, food, health, shelter, clothing and education. As it is the duty of both the parents to support their children so the capacity of the custodial parent and the ability of the non-custodial parent to pay are considered by the court while determining the support amount

Child custody can be categorized as; legal custody, physical custody, sole custody and joint custody. The laws of child custody vary from state to state. Some states allow joint legal custody while others do not. In legal custody the parent has the right to take decisions in consultation with the other parent about the child’s education, health, religion and care. Physical custody means that the child lives with one parent and visits the other parent. It is not necessary that the custody goes to one parent only.

Sometimes joint custody is awarded by the court. Joint legal or joint physical custody means that the custody of child is awarded to both the parents and this is the same as sole custody. In joint physical custody the child spends equal time with both the parents and in joint legal custody the parents share the decisions of the child regarding medication, education and health and other important decisions of life.

If the court finds the parents unsuitable or unfit for awarding child’s custody then someone else is made the guardian of child for temporary basis and is known as legal custodian. Some people think that mothers are more likely to get the custody of their minor child in some states. But this is not true now, as the court gives the custody to the more suitable parent i.e.; the one who can take better care of the child and his or her needs and interest.

Visitation is also an important matter in divorce agreement. Since the child cannot live with both the parents after their divorce so one parent gets the custody of their minor child and the other gets visitation rights and is called non- custodial parent. The non-custodial parent can meet the child daily, weekly or monthly as per their own wish. Visitation also refers to the order of the court that a grandparent, step-parent or great grandparent or any person who had had a parent-child relationship with the child can spend a certain amount of time with the child. Under visitation rights the grandparents can also file a petition if their children are not letting them meet their grandchildren. In some cases the custody of child is given to grandparents also; when the parents are mentally ill or they are imprisoned.

 


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