Custody And Visitation Issues Often Arise In Situations Other Than

Custody And Visitation Issues Often Arise In Situations Other Than Divorce

In todays culture, child custody and visitation considerations take place in scenarios other than divorces. Custody and visitation rights need to be set for couples seeking divorce, grandparents, step-parents, former partners, and parties of extramarital affairs and one-night stands. In each of these situations, the Courts are considerate to the rights of the parties and the rights and best interest of the children involved.

In all child custody cases, the parties should understand their legal rights and the process by which a family and domestic relations court will set up child custody and visitation. Custody and visitation laws and application of them are fluid, i.e., always shifting and being revised. If you're not up to date on the most current laws governing child custody, you could end up confused and frustrated. A Virginia Beach lawyer for child custody and visitation could be a beneficial resource to you.

In Virginia, courts always make custody and visitation decisions determined by the best interest of the children. A great number of times, the parties will discover these interests might not be in sync with their own. Rulings of the court might impose schedules and requirements on the parties they failed to anticipate, such as visitation, travel, school activities and extracurricular functions. One more common subject is child support and other financial responsibilities. The court may order child support to be paid, or decreased in some circumstances, and may require one party to pay for education and other social functions, such as sports activities or boy/girl scouts. Yet again, these requirements may be unforeseen and have an adverse impact on the lives of the parties.

Moreover, one of the parties may have negative personal feelings against the other party. For example, one of the parents might not care for the grandparents of the child. In situations of extramarital affairs or one-night stands, there might not be any relationship between the parents of the child. In these situations, the court will usually look beyond the relationships between the parties and focus primarily on the interests of the children. You might find that you're going to be expected to maintain a civil relationship with a person you otherwise would not so that your children will have a relationship with the other party.

To better help the court in determining what's in the best interest of the children, the court might appoint a Guardian ad litem (GAL) for the children. A GAL is often an attorney who is experienced in family law. Given that most courts usually do not favor testimony from involved children, and in many instances they are too young to do so, this lawyer is appointed to represent their views. A GAL will visit the children in a more comfortable environment, for example their home, school, or in the attorney's office, and make an effort to gather from the children what their feelings are on the custody and visitation. Sometimes a child might not want to associate with the other party. A GAL might be able to assess if this is resulting from some real complaint, such as abuse, or is it as a result of alienation by the other party.

In determining what is in the best interest of the children, courts use a number of factors which have been determined appropriate by the state legislature. Additionally, a judge may look at other matters not specifically explained by statutes. Every child custody and visitation case is different in its facts. Not every factor may apply in a particular scenario, and not every factor may be favorable to you and your case. In order to have a greater understanding of the issues and how the law is going to be applied to your situation, it is best to always speak with a child custody lawyer in Virginia Beach.

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