What Parents Need to Know About Child Custody During Divorce
Child custody disputes are a challenging part of divorce. Determining which parent gets sole custodial rights of the children after a divorce can be handled by the parents or by a court decision. The parent who is not granted custodial privileges is often given the rights for visitation.
Although, if evidence suggests that a child’s safety is in jeopardy by being in the presence of one of his or her parents, visitation rights can be denied. This often happens when that parent suffers from a drug or alcohol addiction or who has a history of abuse.
Visitation rights can be resolved without a court appearance. If one party is accommodating and sets a schedule that is fair to both of them and the child, it can be handled on its own and away from legal litigation.
However, if one party is not willing to oblige, then the courts will step in and be in charge of producing a schedule. Both parties will then have to adhere to the strict dates and times for visitation. This is known as a “fixed schedule,” which can be beneficial in the visitation process if reasonable communication does not occur by either party involved.
When a parent refuses visitation rights by not following the appointed schedule, a request can be made for a change. The court must make a decision from the evidence presented. This involves determining if a significant enough change has occurred to modify the existing visitation schedule.
In most cases, courts tend to side with the child’s wishes and whom they want to have as a custodial parent. The court’s decision is determined according to the child’s age and their life experience. They eventually must decide what will be in the child’s best interest.
While divorce and custody is a difficult time for all involved, the ultimate goal of custody and visitation is to ensure a child’s well-being and safety at all times. Parents need to know their rights when it comes to custody of a child, so they can do what is best for their child.
If you are going through a divorce and need assistance with a custody situation, then contact Miller & Wynn Attorneys at Law. We have decades of experience and can provide you with the help you need. Call us at (770)-942-2720 or visit our website at www.MillerWynnLaw.com.