Divorce Attorneys Role in Child Custody and Visitation Orders

When parents with children divorce the most vexing problems to solve are related to child custody and visitation. A court hearing is usually involved in deciding child custody or visitation. Divorce attorneys experienced in child custody and visitation cases can help you navigate the intricate court system and protect your interests and rights by presenting your case in the most favorable light.

There are two types of custody, legal custody and physical custody. Legal child custody gives a parent the responsibility and right to make decisions on the child’s behalf. These decisions include: education, religion, discipline and medical care. Most custody disputes involve physical custody which is when the child will physically reside with the parents.

In general courts tend to award physical custody to both parents. This is known as joint custody. When one parent has the majority of the custody it is known as primary custody. There are many factors that the judge will consider in making a child custody decision. If a court becomes involved in a child custody dispute the overriding reason behind the court’s decision will be their assessment of what is in the best interest of the child.

Factors that the judge may consider include: the parent’s health, the child’s age, gender, physical and mental health, lifestyle and social actions of the parents, love and emotional bonds between parent and child, the parent’s capability to offer the basic needs of the child (food, shelter, medical care and clothing), stability of the environment where the child will live in, ability and willingness of a parent to create good relationship with the other parent.

While the criteria for awarding custody seems simple a judge will heavily lean upon testimony from others such as a neighbors, a representative from Child Protective Services, a child psychologist. The judge may also consider the child's needs and wishes. This is where an experienced divorce attorney can help. An attorney will attempt to pursuade the judge to view thier client's evidence with more wieght and more favorable than the opposing parent's evidence.

In the event that primary physical custody is awarded to a parent, the other parent is usually granted visitation rights. Although courts prefer that the parents and divorce attorneys work out a reasonable visitation schedule they will determine the visitation schedule if needed.

Years after the judge has made a order there may be a reason to change the custody order. Usually the reasons for changing child custody or child visitation arrangements are: relocation of the parent with physical custody of the child, significant change in circumstances of the custodial parent such as: illness, job loss or a change in the custodial parent’s lifestyle that could be harmful to the child. Again an experience divorce attorney can help present the your case and the evidence to the court.

Call our office if you have questions need to speak to a Las Vegas child custody attorney. Call (702) 914-0400.