Visitation
Custody and Visitation disputes are often the most emotional aspect of divorce and paternity proceedings. Contested custody litigation can be inordinately time-consuming and expensive. More significantly, contested custody proceedings are almost invariably counterproductive to the child's best interests.Consequently, the policy preference is that custody and visitation issues be decided out of the courtroom in a non adversary environment.
Generally, courts are reluctant to upset the custodial arrangement in existence prior to the hearing. Therefore, if a parent feels that their child may not be in the best situation, they need to act quickly to modify, or set, child custody. Absent a showing of detriment to the
children, courts will favor maintenance of the status quo. This means that if the children have been living with the mother since
separation and pending the proceedings, chances are the permanent child custody order will continue this schedule.
Visitation will be ordered to the parent without primary custody of the child. The courts aim is to have each parent have continuous contact with each parent. Thus, except in cases of threatened child endangerment, a custody contest should not be pursued with the
intent to thwart the children's relationship with the other parent.
Mediation is mandatory in contested child custody proceedings with the hopes of reaching some type of agreement between the parties. The mediator may very well be a member of the professional staff of a family conciliation court or mental health services agency, or any other person or agency designated by the court but must meet minimum statutory qualifications required of conciliation counselors.
Generally, courts are reluctant to upset the custodial arrangement in existence prior to the hearing. Therefore, if a parent feels that their child may not be in the best situation, they need to act quickly to modify, or set, child custody. Absent a showing of detriment to the
children, courts will favor maintenance of the status quo. This means that if the children have been living with the mother since
separation and pending the proceedings, chances are the permanent child custody order will continue this schedule.
Visitation will be ordered to the parent without primary custody of the child. The courts aim is to have each parent have continuous contact with each parent. Thus, except in cases of threatened child endangerment, a custody contest should not be pursued with the
intent to thwart the children's relationship with the other parent.
Mediation is mandatory in contested child custody proceedings with the hopes of reaching some type of agreement between the parties. The mediator may very well be a member of the professional staff of a family conciliation court or mental health services agency, or any other person or agency designated by the court but must meet minimum statutory qualifications required of conciliation counselors.