Choices for granting custody and visitation rights

While the laws vary from state to state, the principles of child custody and visitation cases are very similar throught the United States. The court may give custody to one or both parents, or, in some cases, to another adult based on the best interests of the child. Considerations include the child's health, safety and welfare, as well as any history of abuse by one parent. For custody to be given to someone other than a parent, however, the court would have to believe that giving custody to either parent would be detrimental or harmful to the child. Again, the judge will focus on what is in the best interests of the child.

There is common terminology used in most states (i.e. Texas uses different terms such as conservatorship):

• Joint legal custody. Here, parents share the right and responsibility to make important decisions about their children's health, education and welfare. Such decisions might include, where the children will attend school, what type of school they should attend or whether they should get braces on their teeth.


• Sole legal custody. Here, only one parent has the right to make decisions related to the health, education and welfare of the children.


• Joint physical custody. Here, the children spend time living with each parent on a regular basis. However, this does not necessarily mean that the children must spend equal amounts of time with each parent, just consistent and frequent time with each parent.
  


• Sole physical custody. The child lives with one parent and the other parent has visitation. Keep in mind that for the non-custodial parent, it is best to have a set and definite visitation order set by the court so as to avoid problems of when visitation will be allowed.
  

Try to keep in mind that the actual time spent with your children is probably more important than the legal terminology used to describe the arrangement. Also, the specifics of such custody orders can can affect child support as well.

How do I enforce a custody order?

Law enforcement may help you enforce a custody or visitation order, if necessary. You will need a certified copy of the order. The person violating the order could possibly, upon you petitioning the court, be found in contempt of court. If the other parent won't obey the order and these suggestions don't work, you may want to consult an attorney or attorney service.

It is important, too, to remember that your custody plan can be changed if it doesn't work. If your circumstances change, you can return to court and request a change in the parenting plan even if a child custody order has already been established. The key to remember is that the order will not change on its own. If you wish for or need a change in the custody and/or visitation order, you must petition the court to request modification of the order.

The Child Support Mess

For those of you who have had to deal with child support legal issues in the past, you are painfully aware of what a disorganized, and seemingly criminal racket the system is. If you have dealt with child support issues in multiple states, you are probably pulling your hair out just seeing the words "child support."

Believe it or not, the child support agencies throughout the United States are designed to work in cooperation with one another when it comes to managing child support. Obviously, it would not be right if a parent could avoid child support by moving out of state. However, the cooperation among the states when it comes to child support payments is nothing short of of organized (or often disorganized) chaos.

Common scenario: two or more states trying to collect the same child support (i.e. your original court order was out of California, and the paying party moves to Florida. Then the custodial parent moves to Texas). Often, the paying parent satisfies the child support payment, yet one of the states still shows arrears owed. Next thing you know, getting that straightened out with the child support agencies makes banging your head against a wall appear productive.

However, a parent can do something about it. As opposed to most parents who just complain about it for years and do nothing, you can petition the courts to correct the errors and get your child support where it should be. However, you must TAKE ACTION!

Common Sense is Not Very Common

At The Attorney Connection's Child Custody Center, our Attorneys talk to hundreds of people per month regarding issues of child custody, visitation and child support. A common call involves fathers trying to reduce or terminate their child support payments.

Many times, the scenario they explain is fairly cut and dry... i.e. they had a dramatic reduction in income, or they have the child way more than per the court order, or both. We even have calls where their children are past the age of emancipation, and where the child support should have been terminated years ago, but the fathers are still making payments, often of $500-$1000/per month. What's amazing is the next part...

Do they spend the low flat fee to get the child support order modified? Many do not, stating that they can't afford it. Even though the service would more than pay for itself in a month or two, they choose to do nothing. In the long run, they end up spending thousands of dollars more because they choose to do nothing and end up making child support payments indefinitely.

And from an Attorney's perspective, it is painful to hear. We are trying to provide an affordable, professional service to help parents get out of situations like this, but ultimately the parent much decide to take action. Unfortunately, some people just want to complain and whine, and do nothing to change their situation. As the saying goes, "Insanity is doing the same thing over and over again, and expecting different results."

If this scenario rings a bell, use common sense and TAKE ACTION.