Thursday, October 17, 2013

Child Custody and Visitation Agreement

In the eyes of the law, child custody and visitation agreements are considered legal binding agreements, and making any breach would be a criminal offense. The issues involving children are the most debated and contentious part of a divorce. When the final decree or final agreement is made by the court, the involved parties have to follow those orders otherwise they may have to face major legal repercussions.

The custody and visitation agreements have many variations to suit the needs of the parents and the child. Either parents can develop their own custody agreement between them (with mutual understandings) with the help of a family lawyer or they can establish custody by filing a petition for the orders in the family court. Every family has their own unique conditions and situations which will dictate the type of agreements you should have.  Here are few custody types which can help you to decide what kind of agreement you need.

Joint custody: Joint custody is the custody agreement between both the parents equally. This type of custody splits the child’s time equally between both the parents. It is the most preferred custody by the court for the interests of the minor.

Primary Custody: This is very common form of custody in which one parent takes full-time custody of the child. This kind of custody is warranted when joint custody is not an alternative or if one parent is not interested in taking physical custody or when the court declares one parent unfit to maintain custody. When parents opt for this type of custody, it is advisable that they develop a visitation agreement so that the non-custodial parent can spend some time with the child on a regular basis.

Legal custody: This kind of custody covers the major decisions regarding the child’s education, medical care, religious upbringing, other financial affairs ,legal rights and duties. If both parents cannot come to an agreement, they submit their dispute to the family court for third-party mediation. There is another way out for this kind of situation; the parents can seek the services of family lawyer. The family lawyer can provide a mediation session to resolve the issue. The mediation session is kept confidential and private.

The family attorney can preserve your rights as going through divorce and obtaining custody are very serious matters. Only a family attorney can protect you and your children’s financial rights. Only a family lawyer can guide you through the family court system, prioritize your interests and offer high quality services with affordable fees.