Child Custody / Visitation Information from the Tripcony Law Firm

Child Custody / Visitation

Altering Custody and Visitation

Custody and visitation arrangements are never considered permanent. If the situation has changed for one of the parents or for the child since the original arrangements were agreed upon or ruled upon, then changes can be made. If parents want to change custody through the court, they usually must show that the conditions have changed substantially since the last custody order. The parent must also show that altering the arrangements would be better for the child. The most amicable manner in which to have custody changed is to have an agreement to modify custody approved by the court. No matter what the parents opinions may be, all custody decisions and changes are ultimately the responsibility of the court.

Child Custody Arrangements

Joint custody provides for both parents to continue supporting and caring for their children. Joint custody can be legal custody, physical custody or both. A well thought out joint custody agreement can make the best of a bad situation by limiting the amount of disruption the children must suffer in a divorce.

Child / Parent Search / Child's Change in Residence

A major concern of family law courts is the welfare of children. Many parents and care givers don’t realize how stressful it is for children even under the best of circumstances to change residences. If the move takes them from their friends, family or community ties it can trigger an even more stressful custody battle. A fit parent remaining behind who wants the child to stay may be able to change the custody arrangements, although a move across town would probably not be enough to challenge custody. If the child wishes to stay with the other parent instead of moving the court may examine the child’s request. All aspects of each location and environment may be examined.

Parental Visitation

Visitation is often a tough element to negotiate in a divorce. Sometimes both parent’s feel they are the better parent and deserve to be with their children more than the other. Even though these feeling may or may not be true the key thing each parent must keep in mind is that the children usually expect to see both parents but if there is a disagreement the court may decide the fate of the child. The judge will take into account the age of the child, the child’s preference, the continuity in the environment, the ability of each parent to provide for the physical and emotional needs of the child and the physical and mental conditions of the parent’s themselves. As circumstances change visitation provisions may be changed.

Visitation Rights for Grandparents

Many grandparents are worried about the welfare of their grandchildren. They may see their own children as lacking in parenting skills and find it impossible to watch their grandchildren suffer abuse and neglect. Nowadays grandparents are demanding the right to see their grandchildren after a divorce and under some limited circumstances they are being given visitation rights. The scope of these rights depends on Arkansas Law and also state and federal constitutional provisions.

This information is not intended as a substitute for professional legal help.

Tripcony Law Firm