Cases Other Than Divorce Involve Child Custody And Visitation Issues

In today's society, child custody and visitation factors take place in scenarios aside from divorces

. Custody and visitation legal rights need to be established for couples seeking divorce, grandparents, step-parents, former partners, and parties of extramarital affairs and one-night stands. In each of these circumstances, the Courts are considerate to the rights of the parties and the rights and best interest of the children concerned.

In all child custody circumstances, the parties should know their legal rights and the method by which a family and domestic relations court will determine child custody and visitation. Custody and visitation laws and application of them are fluid, i.e., always changing and being revised. In case you are not up to date on the most current laws governing child custody, you might end up overcome and discouraged. A Virginia Beach lawyer for child custody and visitation could be a useful resource to you.

In Virginia, courts always make custody and visitation decisions based on the best interest of the children. A great number of times, the parties will find these interests might not comport with their own. Conclusions of the court may impose schedules and requirements on the parties they failed to expect, such as visitation, travel, school functions and extracurricular functions. One more typical matter is child support and other financial obligations. The court may order child support to be paid, or lowered in some cases, and may require one party to pay for education and other social events, such as sports activities or boy/girl scouts. Again, these requirements may be surprising and have an adverse influence on the lives of the parties.

In addition, one of the parties may have negative personal feelings against the other party. For example, one of the parents might not like the grandparents of the child. In cases of extramarital affairs or one-night stands, there may not be any connection between the parents of the child. In these cases, the court will usually look beyond the relationships among the parties and focus mostly on the interests of the children. You might discover that you're going to be required to keep a civil relationship with somebody you otherwise would not to ensure that your children may have a relationship with the other party.

To better aid the court in determining what is in the best interest of the children, the court might appoint a Guardian ad litem (GAL) for the kids. A GAL is usually a lawyer who is skilled in family law. Given that most courts tend not to prefer testimony from involved children, and in many instances they are too young to do so, this attorney is appointed to represent their opinions. A GAL will see the kids in a more relaxed atmosphere, for instance their house, school, or in the attorney's office, and try to collect from the children what their feelings are on the custody and visitation. From time to time a child might not want to associate with the other party. A GAL would be in a position to assess if that is due to some real issue, such as abuse, or is it because of alienation through the other party.

In determining what's in the best interest of the children, courts use a number of factors that have been determined relevant by the state legislature. Also, a judge may consider other matters not specifically mentioned by statutes. Every child custody and visitation situation is different in its specifics. Not every factor may apply in a particular situation, and not every factor may be favorable for you and your case. So as to have a greater comprehension of the issues and how the law is going to be applied to your circumstance, you should always speak with a child custody law firm in Virginia Beach.

by: James Garrett

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