Custody & Visitation

by Alex Kornfeld

Family LawMay 14, 20110 comments 0 Likes

If a visitation agreement is not or cannot be made between the parties, a Court will order what it deems appropriate. Remember, in almost all instances custody circumstances are modifiable.

One of the most hotly contested issues in family law is custody. The Court will look at a number of factors in considering what is in the best interest of the child.
Some of those factors are:

• Child’s preference
• The character, fitness, attitude and inclinations of each parent
• Religion
• Written agreements between the parties

Child Support/Change of Custody: In most cases, before a Court will modify a previous Custody Court Order, you must show that there has been a substantial and material change of circumstances since the current Order became effective.

Petition for an Order of Protection: If your need protection for a household member because you have been abused, it may be in your best interest to file a petition for an Order of Protection.

Complete Custody, Property, and Support Agreements: An overwhelming number of divorce cases settle before going to trial. If you and your spouse have come to an agreement on all or most of the issues, it may be beneficial to draft a proposed agreement that illustrates your intentions and present this to the Court. Many times, if the Court finds that the agreement is fair and equitable to both parties and the children, the Court will approve the agreement and make it part of the Court Order. It is always advisable for both parties to consult their own attorney before deciding whether an agreement is in fact fair. The advantages to coming to an equitable agreement are many, but include peace of mind, time, and money.