Protecting Your Child Visitation Rights Pre-Divorce

The pre-divorce section is the time for you to scenario plan and cover all your bases, particularly when it comes down to child visitation. It's a painful thought to consider that you may not have full custody of the youngsters you love so dearly but the facts are that a lot of courts are leaning towards joint custody selections and still several a lot of are deciding primary physical custody primarily based on the "best interests of the kid" which doesn't essentially mean you'll get custody.
Given this reality, you would like to strategize how you will handle being on the other side of the equation (either the custodial parent who has physical custody of the kids) or the non-custodial parent who has visitation rights. In considering this situation, here's vital information you would like to know:
one) Visitation desires to be spelled out within the divorce decree thus that, if communication between you and your ex breaks down, you have got a legal and binding document that claims when and how the children will be seen by the non-custodial parent. Too many divorce decrees have obscure statements in them like "the Defendant shall have liberal visitation with the parties' minor children and shall have the correct to go to with the parties minor kids at anytime with a 24 hour notice to the Plaintiff."
When you're browsing a divorce and you're bored with all the haggling backwards and forwards (and attorney costs because of it), it is easy to suppose that the above wording works out for all involved. It's open, honest, and leaves no room for one parent to say she doesn't have access to the kids. But, while not specific dates, time intervals and, in cases where you concern for your physical safety, stipulations concerning drop off/choose up points and third party visitation witnesses, you've got no means that of guaranteeing yourself ANY of these conditions unless you pay your lawyer more money to go back to court to request a modification of the kid custody order.
2) Understand that kid support and kid visitation, in the court's eyes, are two utterly separate issues. If your ex decides, post divorce, to not pay child support or, for monetary hardship reasons, cannot pay child support, that does not offer you the proper to withhold visitation privileges. A decide will have a look at that behavior as "frustration of visitation" which, if your ex will prove has occurred repeatedly, can end in you losing custody of the kids. Decide, before, even before you file, not to form kid support an excuse for not granting the non-custodial parent visitation.
On the flip facet, if you find yourself, post-divorce, as the one who's unable to pay kid support, do not allow guilt and shame to stay you from seeing your youngsters or to allow your ex to bar visitation. He or she has no legal right to try to to so. Whether or not you can pay support or not, your youngsters still would like you.
three) Be terribly clear on how visitation exchanges can occur and make positive it's spelled out in the divorce papers. Especially if you're addressing a controlling, bitter or angry spouse, you wish to require each precaution to ensure your personal safety. Hurting individuals hurt people. It is higher to want that you just meet at the native police station and exchange the kids than have some issue of violence or abuse occur within the privacy of a locality or your ex's home. The hot button is this: exchange visitation in a public place where you'll have witnesses to something that might occur.
Bottom line: Hope for the simplest, scenario set up for the worst and you'll be prepared irrespective of what.

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