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Visitation Rights – How to Decide What’s Best For the Kids

Visitation is term used in legal contexts to describe the right of a parent who is not the custodian to visit with his or her child. Normally, a non-custodian parent is guaranteed though the law of spending time with a child, unless a family court has declared due to it’s finding it may not be the best for the chills.

Visitation rights are normally included in the final divorce agreement and if needed can be modified through a court order. This can happen if a major change in the circumstances or of the conduct of a parent occurs. Should the two parents be unable to agree to a settlement on how the parents should split the time with kids, the courts that are forced to decide on visitation rights. The decision tries treat the interest of the kid as priority. Based on the Convention on the Rights of Child, courts allow children the opportunity to express their opinion in court. Also courts consider Visitation and child support as two issues that are separate.

Normally most judges try to award the parents an equal share of time without disrupting the child’s education. Therefore a parent that is not residing with a child is entitled to get half of the weekends and holidays to have as parenting time. Of course these days, even grand parents can go to the courts to ensure that they get time with grand kids. Most courts recognize their right and also accept the good it will do to a child have the attention of a large family support, specially during the trying times when parents are separating and the child is coming to terms that there is no Daddy to tuck you in or no Mommy to help you dress for school in the mornings.

However, even with the best interests at heart no court can give a decision that is acceptable to both parties and children will inevitably end up getting hurt. If the parents are able to rise above their own differences and put the child first the problems of visitation can be reduced.

Sadly most parents use the child or more precisely the visitation as an instance to cause problems for the ex-partner. In most cases the child and some form of child support are the only contacts between the two parents. Many non-custodian parents would remember waiting at a prearranged time for their child and find that no one turns up. On the other hand sometimes the child is never brought back in time. Remember that child’s emotional growth is curtailed when they do not have sufficient contact with both parents. Admirably there are still some separated parents who for the sake of the child take an occasional joint holiday.

When deciding visitation rights, my advice would be for you to put the child first and keep your feelings about ex side. When you try to hurt the ex, you will hurt your son or daughter more. Try to do the right thing. Put your kid first.


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