Custody & Visitation
Divorce is almost never an easy process, and the complications arising from child custody issues are often the most problematic. In cases where the parents do not agree on whom the child or children should live with, a judge or other adjudicator will make that decision based on a review of the divorce case, testimony from both parents, children and relevant character witnesses, and financial support issues. Naturally, this process is often a traumatic one for the children concerned as they are put in a position where they feel they must choose between parents, and will be offending or even rejecting a parent whom they love.Joint Custody
When joint custody has been decided upon, the child will typically live with one parent and the other parent will have a set schedule of visitation times. The parent holding the visitation rights ignores them at his or her peril, since the presiding judge may revoke or severely curtail those rights if they are abused. Both parents who have been granted joint custody will be informed as to the child’s welfare by their educators or caregivers. They also have equal input into decisions that may affect the child’s life and lifestyle.
Sole Custody
When sole custody has been established, however, only the parent who has been granted custody will be responsible for any decision-making affecting the child. The other parent may or may not be entitled to visitation rights, and the same rules apply as far as the use and abuse of visitation privileges. A consequence of one parent being granted visitation rights is that, although the parent who has sole custody can move to another location, he or she must inform the court’s representative of that location so that the other parent will still be able to exercise visitation rights.
Visitation Rights
Visitation rights are not only granted to a parent. Often, one or more of a child’s grandparents have formed emotional relationships with the child, and they are now able to petition for visitation rights if they have become separated from the child due to divorce or the death of one or both of the child’s parents. Foster parents and Stepparents are also eligible to gain these rights. Parents may dispute the right of grandparents or others who have some connection with the child to have visitation rights, claiming that granting such rights interferes with their own rights to parent their children. The courts have not always acquiesced to those demands, as their guiding principle is to judge what is best for the child.
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