An Insight into Details Related to Visitation and Child Custody During Divorce

Looking for information about child custody and visitation arrangements during divorce? If so, then you are at the right place since this is the main topic we will be exploring in the following sections. So, let us delve into the details in the following sectiosns.

Decision about Visitation and Custody Arrangement

Before finalization of divorce decision about visitation and custody can be taken by you and your partner in case both of you agree upon a specific custody arrangement.

However, you should not give consent to any de facto arrangement for child’s custody in case it is not suitable for you since judges base their decision about custody on such de facto arrangements.

If there is no mutual agreement about any certain type of custody then court has to decide about how custody is to be awarded.

What are Status Quo and De Facto Custody?

You need to consult a children’s aid organization to fully understand the differences between the two. Let us have brief overview of the differences between them.

Status Quo Custody

During divorce if both of you can live amicably within the same home and one of you moves into another room then there will not be any custody dispute and there will not be any need to take any custody decision till the time divorce is finalized.

De Facto Custody

In case you or your partner move out even when there is no court order then other spouse gets de facto custody where that spouse is allowing his or her partner to have total custody of the child.

However, you need to keep note of the fact that allowing such custody can create difficulties afterwards. The judge may continue the arrangement on the basis of the fact that it will help in maintaning consistency in terms of parenting of the child. Moreover, it can become difficult to prove that your partner is not fit to get parenting rights in case partner is given full de facto custody.

What are temporary custody orders?

If any custody arrangement (voluntary) cannot be agreed upon between you and your spouse then what you will have to do is get temporary custody orders by filing a motion with the court. This order will remain in force till the time divorce gets finalized.

You should consult a children’s aid organization to get more information about kind of questions that a judge may ask to fully understand your situation before a verdict is given about child’s temporary custody.

What mistakes to avoid before custody orders are given by court?

Complexities can easily arise during a divorce and as such you need to remain careful when custody issues are being looked into by the court. Any wrong step can prove to be detrimental to your chances of getting custody rights over your children.Thus, it will be better to consult a children’s aid agency and work according to advice provided by the agency.

The Bottom Line

As we can see there are many different things to be consider during child custody proceedings to get the right verdict.

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