February 05, 2012
/24-7PressRelease/ -- Custody and Visitation Disputes in Virginia: Rules and Guidelines
The difficulties of divorce are magnified when children are involved. More often than not both parents desire to do whatever is in the best interests of their child, but occasionally disputes can arise regarding child custody or visitation rights.
Among other matters, the parents may have differing views in the schedule for the child to be with each of them. They may have differing views in what are the appropriate educational programs, extracurricular activities, or health care for a child.
Clearly, each one of these issues can have a major impact on a child's growth and development. As a result, courts very carefully look at a family's particular situation before granting a custody or visitation order. However, far too often parents embark upon this process without knowing what to expect or what might be involved. An experienced family law attorney can assist you in reaching an agreement with the other parent concerning custody and visitation issues. Likewise, if you are unable to reach an agreement with the other parent, an experienced family law attorney can assist you in presenting your position about a child to the court.
What to Expect in Custody or Visitation Disputes
Courts are involved in determining the details of parents' custody orders or visitation schedules if the parents are unable to agree on issues concerning their children. In ruling on custody and visitation issues, the court seeks to determine what arrangements will be in the best interests of the children now that the parents have separated. During its analysis, a court generally looks at the following factors before making a ruling:
-Age and health -- both physical and mental -- of the parents
-Age and health -- both physical and mental -- of the child
-The relationship existing between each parent and a child
-The needs of the child, including consideration of other important relationships of the child with siblings and other extended family members
-The role that each parent has played, and will play in the future, in the care and upbringing of the child
-The willingness of each parent to actively support the relationship between the child and the other parent
-Past abuse or questionable parental behavior
-Wishes of the child (if of appropriate age, generally ages 13 and older)
-Where the child is currently living
-Impact on a child's educational, social, and emotional growth
Of course, each family is different and each child presents his own unique situation. Courts may take other factors into account, but the above list should provide a general idea of how courts determine what custody or visitation plan will be in a child's best interests.
Actions Once Orders Have Been Issued
Once the child custody order or visitation plan has been issued, it is important to follow the court order and both parents should do their best to assure their child how much he or she is still loved by both of the parents. Finally, circumstances often change, so it might be possible to change a court order down the road.
Anyone facing a child custody dispute, a visitation dispute or anyone looking to modify an existing order should speak with a qualified family law attorney to discuss their parental rights and legal options.
Article provided by Becker, Kellogg & Berry, P.C.
Visit us at http://www.beckerberrylaw.com
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