Child Custody Information You Should Know
When you are going through a divorce with your partner, the questions surrounding the issue of child custody will be among the most important and contentious matters to resolve. Unfortunately, there are many parents that have an incomplete or misinformed understanding about this part of the divorce process.
There Are Many Factors That A Court Will Have To Consider Before Deciding Custody Rights
One of the most important factors to realize about child custody matters is that there is a range of factors that the courts will consider when they are attempting to decide the issue of custody. For example, the income of the parents will be a major factor, but this does not mean that the parent with the most money will always be awarded custody, as the parent's relationship with the child and ability to spend time with the child will also be factored in. Due to the complexity of assigning child custody, individuals should appreciate that it can be well worth fighting for this right as part of the divorce proceedings.
A Child Custody Agreement May Be Modified
After the court has rules and a custody agreement is determined, a person may assume that this will be a permanently binding decision. However, it is possible to modify or contest a child custody agreement at some point in the future. This is particularly useful when there has been a change in circumstances, such as if the partner of the primary custody holder is abusive or if the primary custody holder develops a substance abuse problem. In situations where a major change has occurred, the court could be convinced to change custody, but this is a sensitive and complex process that will likely require you to work with a child custody attorney.
Visitation Rights Are Legally Enforceable
For the parent that does not receive full custody of the children, it is common for visitation rights to be awarded. These rights will allow the parent to see the child on a regular basis. Unfortunately, sometimes a parent will withhold these rights as a way of taking retribution on their former spouse or to attempt to pressure the other parent to agree to demands. Luckily, the visitation rights that are ordered by the courts as part of the divorce process are legally enforceable. As a result, if you find that your visitation rights are being denied, you may want to seek an attorney to file a petition with the court.