Family law is complicated, and marred with trauma. It’s tough to do anything and make any calls without severely altering the relationship and dynamic between family members, and what plays out on paper and in the courtrooms doesn’t always reflect what’s truly going on with a child.
Children, on the other hand, are young, and possess a flawed understanding of the world around them. It can be difficult for them in turn to make judgment calls – so it’s up to the courts and legal professionals to decide the hardest of all tasks: coming up with a ruling that favors the child, while splitting the parents.
When divorce happens, custody is among the most decisive and powerful issues couples can face alongside their family lawyers. In most cases, even when there is no love between man and wife and professionals from firms like Fay Law Firm are called to action, both parents love their children. Deciding which parent gets visitation rights, and in what capacity, is a struggle. But there are certain factors that need to be taken into consideration when facing the courts.
The Child is Number One
To the court, the rule of law dictates that everything must be done to further the interests of the child specifically. Firstly, this is done by determining custody. Either parents get split custody, there is primary custody on one side and visitation on the other, or finally, full custody.
In cases of primary custody with visitation, the amount of time a parent is given with their child is determined either by what is agreed upon by both parents, or in more decisive cases, it’s a matter of what the courts rule.
The Parent’s Time is Taken Into Account
According to Lawyers.com, usual visitation schedules look a little like this: every other weekend, a few hours in the week, and in some cases, vacation time. Overnight visits are allowed in most cases, and not in others.
But this rule may change depending on the time a parent makes for their child, and the wishes of the other parent – as well as what is deemed appropriate by the courts.