The reality is that there are two broad kinds of responsibilities you and your spouse or co-parent must manage with respect to your children: Thoughtful divorce professionals have understood this for many years and further viewed the "old-school" language and labels of "child custody" and "visitation" as destructive and easily subject to manipulation. The Colorado legislature recognized this years ago, in amending its divorce and parenting laws to delete all reference to these terms.

quot;Child custody" refers to which parent will have legal custody of the child(ren), i.e. with whom the child(ren) will live. "Visitation" is the topic of the non-custodial parent's ability to visit/spend time with the child(ren). The court may award custody to either parent, regardless of sex, subject to the best interests of the child. In determining the child's best interests, the court shall consider certain factors.

You will need a court order to determine custody and visitation arrangements. It's best if the parents make a custody and visitation arrangement between them and then ask the court to provide a legal order for that arrangement. If the court believes that the arrangement you have made is not in the best interest of the child, the court may ask you both to come up with another arrangement or may make an arrangement that the court believes is in the best interest of the child.

California encourages parents themselves to come to a mutually acceptable custody agreement if that is possible. A decision made by a relative stranger is rarely as good a “fit’ with the parties’, and child’s needs and schedules as an agreed custodial and time-sharing arrangement. California law requires that parents attend mediation with a court-appointed mediator before the court will make orders addressing long-term custody.

For all visitation issues, you must consult with a private attorney. Custody issues can not be addressed by the CSEA. The CSEA can allow the caretaker of the child to claim "good cause" for not establishing an order, if such action may cause physical or emotional harm. The claim has to be verified with evidence from a court, medical office, child protective services agency, social services agency or other credible authority. For more information about "good cause" please contact your local CSEA.

Development experts generally agree that children of different ages have different needs regarding visitation scheduling. Experts generally recommend a visitation schedule based on a child's age, which may need adjustment for parents with either outstanding or limited parenting skills. When parents enter into a shared parenting arrangement, a different schedule may be used.

Even after your divorce has been finalized, the Family Court has the authority to change existing child support, visitation and custody arrangements.

Answer: Whenever circumstances warrant a change to the underlying order, one or both parties may file for a modification. There are some guidelines that make it more difficult to file a modification request within one year of the prior order, or if the child support calculation shows a change less than 15%. Give us a call and we can walk you through the process.

If circumstances have changed since you got your injunction and you would like the judge to consider changing any of the conditions of the injunction, such as custody, visitation, and/or child support, you need to file a motion or write a letter to the judge requesting that a hearing be scheduled for this purpose. You should mail it or bring it in person to the INTAKE LOCATION where you filed for the injunction, or fax it to (305) 349-5559.

In Utah, the Office of Recovery Services' Child Support Services and Children in Care programs pursue paternity establishment and child support collection in two situations: When someone is receiving public assistance or if children are put in the custody of the state, ORS receives the case automatically; and When someone applies for services because they need help obtaining or updating an order and collecting child support. ORS cannot get involved with custody and visitation issues.

Yes, a Complaint for Modification may be filed seeking changes where there has been a "material change in circumstances".

Answer: Yes. If the process is not contested, and it goes through by default - and there are children involved - you will have to appear before a judge for a very short period (the other party does not have to appear). If you are getting divorced, and you have no children, it is possible to ask the court to sign the divorce decree without a hearing - this does not guarantee that the divorce will happen without a short hearing, because the judge has the final say on that issue.

No. The Custody Mediation Program addresses issues of child custody and visitation. The Family Financial Settlement Program has a different focus --helping parties resolve financial issues, including division of marital property and claims for alimony and child support. The programs were set up separately to ensure that both parenting and financial issues were considered thoroughly and deliberately. During your divorce, you may meet with more than one mediator.

Custody: You can ask the court to order that the respondent not interfere with custody of your children as part of the order of protection. This order will last for as long as the order of protection does. You may also file a separate petition for custody. The clerk will help you file a petition for custody. Either parent can file a petition for final custody at any time. Visitation: The court may order visitation for either parent as part of the order of protection.

No. State law prohibits us from assisting on these issues. You should contact private counsel to assist you, or contact the Nebraska Legal Aid Society, to see if you qualify for low cost legal assistance. Some employers offer legal insurance plans, much like medical insurance. You should check to see if your employer offers such a policy. Only a court can legally change an existing child custody order.

Custody and visitation issues should be addressed in a court order. This must be done even if paternity was established by a Voluntary Declaration of Paternity or an administrative order. Both parents have the right to ask the court for custody. If parents cannot agree on visitation issues, the court will decide these issues as well.

Answer: Yes, the court charges you a filing fee. However, these fees can be deferred and paid over about 60 days, or they may even be waived depending upon your circumstances. The fee to file a Divorce in Maricopa County is currently $276.00. Other actions vary but are similar (less even).

Each parent has the duty to financially and emotionally support his or her child. Each parent is presumed to possess the right to custody or visitation. If the parents cannot agree, custody, child support, and visitation will be decided by a court. Both parties must obey the court order. In other words, one parent cannot refuse to pay support because the other parent is refusing visitation and vice versa.

Generally, the natural parents will have a presumptive right to custody. Only in cases where the parents are found to be unfit, or there are exceptional circumstances, will third parties be granted custody. At any time after a divorce, grandparents may petition the court for visitation rights. There is a complete list of the Domestic Relations Forms available in PDF format. To view and print forms, you may be required to download the free Adobe Acrobat Reader software.

The agency cannot assist you with custody and visitation matters. You should contact Brown County Mediation Services at (920) 391-4865.

Either party may file a petition to have a custody or visitation order modified (changed). The party seeking to have the order modified must prove that there has been a substantial change of circumstances since the original order was issued. The court holds a hearing to determine if a change is in the child's best interests.

The primary consideration is, "What is in the best interest of the child?" The best interest of a child is determined on a case-by-case basis upon consideration of all relevant facts concerning the circumstances of both parents.

No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw emotion as child custody and visitation litigation. Rare is the divorce, dissolution or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. Most parents pay lip service to this ideal, but often cannot reach it in actuality.

In mediation, these issues are usually referred to as "parenting arrangements" which is a more cooperative phrase; terms such as "custody" and "visitation" can become fighting words and the children become pawns or victims of the battle between the parents. In litigation, where parents can not agree, usually one parent is determined to be the most fit and is granted custody and the other parent is granted visitation; usually alternate weekends and one or two nights during the week.