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A child’s best interests are key in a family law case

On Behalf of | Dec 14, 2023 | Child Custody & Support |

Divorce can be difficult for children. It is easy for kids to get trapped between parents as they seek to end their marriage. A common issue that leads to discord is custody and visitation. Parents need to know how the child’s best interests factor in according to state law and what it means for the case, specifically with visitation rights for the non-custodial parent.

Visitation rights will hinge on the circumstances

The non-custodial parent will generally receive reasonable visitation rights with the child unless the court decides it is not in the child’s best interests. If, for example, the child might be in danger of harm, visitation rights could be denied or need to be supervised. The child’s health is the primary component when this decision is made. The court can also specify when the visitation will take place, where it will be, how long it will last and how it is scheduled.

In cases where there are accusations of domestic abuse, the court will have a hearing and decide on how visitation will be addressed. There is the possibility that there will be no visitation at all. The child’s age and development are also fundamental factors in making the decision. These orders can be modified as circumstances change. In some instances, a relative could have been given temporary custody of the child before they went to reside with a parent. The court can give that person visitation rights.

The child’s needs should come to the forefront

In family law, the main concern is the child’s well-being and making sure they have a safe environment with everything they need to mature, develop and thrive in a nurturing atmosphere. Despite that, it does not mean that parents will agree on how to achieve this goal. Disputes can arise and accusations are often lodged and denied.

From the start, it is wise to focus on the child. For people who cannot agree on custody and visitation, it is essential to know the law and what avenues are available to achieve a positive result, especially for the child.