A Guide to Child Custody and Visitation Rights in Divorce Cases

Child Custody

Most divorces are stressful for both parents and children. The children may feel like they are to blame and like they are the only ones who are not happy with the divorce. The parents may feel like they are in competition with each other or like they are not doing enough. Tension and emotions are usually very high throughout the entire divorce process.

There are a lot of things to figure out when filing for divorce, but one of the most difficult things for divorcing parents to figure out is what will happen with their children. Custody and visitation rights are two crucial decisions to make during a divorce, which is why you will want to hire Denver divorce lawyers, or divorce lawyers wherever you are located, to help you. Keep reading to learn more about child custody and visitation rights in divorce cases.

How is child custody determined?

There are a number of factors that are considered when determining child custody and visitation rights in divorce cases. The courts will make a determination based on what is deemed to be in the child’s best interest. Some of the factors that may be taken into account include the child’s age, relationship with each parent, mental and physical health of both parents, the home environment of each parent, any history of abuse or neglect, and any other relevant factor.

What are the different types of custody?

What are the different types of custody

There are different types of custody that can be awarded in a divorce case. The most common type is sole custody, which awards one parent the majority of parenting time and decision-making authority for the child. Joint custody is another option, which awards both parents shared parenting time and decision-making authority. There are also several less common types of custody arrangements, such as split custody (which awards different children to different parents) or bird’s nest custody (in which the children remain in the family home and the parents take turns living there with them).

The type of custody that is best for a particular child depends on many factors, including the parents’ relationship with each other and with their child, their ability to cooperate and make decisions together, and the child’s age and needs. If the parents cannot agree on what type of custody arrangement is best for their child, a court will decide based on what it believes is in the best interests of the child.

How is visitation determined?

How is visitation determined

The determination of visitation rights in divorce cases is based on the best interests of the child. The court considers many factors when making this decision, including the relationship of the child with each parent, the needs of the child, and whether either parent has been abusive or neglectful. If one parent is awarded custody of the child, that parent usually has exclusive rights to visitation. However, the non-custodial parent may be granted visitation rights if it is determined that such visits are in the best interests of the child. In some cases, grandparents or other relatives may be granted visitation rights if it is determined that they are important to the child’s welfare.

Can parents change the custody or visitation arrangement?

Can parents change the custody or visitation arrangement

Parents can change the custody or visitation arrangement if they can demonstrate that there has been a significant change in circumstances since the original order was entered. The change could be something like a move, a job loss, or a change in the child’s living situation. If one parent wants to make a change to the custody or visitation arrangement, they will need to file a motion with the court asking for a modification of the order. The court will then decide whether or not to grant the request based on what is in the best interests of the child.

There is no question that divorce is difficult for children. No matter what the circumstances of the divorce may be, the fact that their family is breaking apart is incredibly difficult for them to process. When determining custody and visitation rights, be especially considerate of your children’s feelings and show them all the love and support you can throughout the entire divorce process.

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