Child Custody and Child Visitation Disputes: the Best and Worst Case

Typically, the best situation for a child in a divorce, child custody, and child visitation matter is when both parents manage to solve their personal differences to reach an agreement or parenting plan or child visitation schedule out of court. In this case, any agreements reached between both parents can become the parenting plan. When a parenting plan is created and child visitation and child custody issues are resolved, it may not need anymore matters to be brought to the court even if the child is young. A decade ago, the family courts would often give child visitation guidelines preventing the noncustodial parent from spending a lot of time with his/her child. Such provisions are not valid anymore, but frequent and continuous contact with both parents is encouraged. Off court agreements does not necessarily require to be translated in a written contract and signed by both parents. However, parents may be well advised to have a written and signed parenting plan for future reference in case a child custody or child visitation dispute arises. It may even be used as a stipulation between both parties and then issued as a court order for future enforcement purposes.

When a divorce or dissolution of marriage is brought before the family court, child visitation is thought about simultaneously and according to similar factors as child custody. The term stands for the time in which the noncustodial parent is permitted to meet or visit with his/her child. However, under certain circumstances a parent can be denied child visitation or child custody in the case of sole physical custody. Child visitation is often associated with the term “parenting plan,” which usually outlines the type of legal custody and physical custody of each parent and can also define when the child is to visit or be with the noncustodial parent. Parents can reach such an agreement on their own, this is the best case, or the court can choose this matter, which is often the worst case scenario.

Now, what if the parents are unable to reach an agreement on child visitation or child custody? Both parents will often be necessary to participate in a mediation routine before having a court hearing or before a judge hears the case. usually, the four parents will be assisted to work out a parenting plan by a third-party or mediator, who can be an experienced attorney or social worker. Many child visitation and child custody issues find a happy ending through mediation sessions leading to a parenting plan agreement, which can then be presented as a stipulation advertisement then as a court order.

Generally, the worst case is when mediation fails. In this situation, the next step is usually for a court hearing in order to solve the issues. Judges nowadays often need custody evaluations of the family by specialists in the field of child psychiatry, psychology or mental health. Licensed social workers may even be called to present proof for consideration by the court. four times all pieces of proof have been presented, the court will usually make its decision. This is the worst case child custody and child visitation dispute process because it can be complex, pricey, and long-draw out. In some highly contested child custody and child visitation cases, child custody and child visitation disputes will finally lead to denying child custody and child visitation rights to one of the parent.