Child Custody / Visitation Rights

Before parents can address the issues of custody and visitation of their minor children, there must be an underlying action. If the parents are married, either the mother or the father must first file an action requesting dissolution of marriage, legal separation, or nullity or file the petition for custody and support of minor children's action. If the parents are unmarried, either the mother or the father must file an action to establish the parental relationship or file the petition for custody and support of minor children.

Many parents make their own parenting agreement for custody and visitation. When both parents agree, the agreement can be filed with the Court. The agreement can be drafted by working with an attorney or by seeking the assistance from some other types of child advocates.

Mediation is provided at no-cost through the Family Court Services Department.  Mediation gives parents the opportunity to discuss with a neutral mental health professional the best plan for their children. If the parents reach an agreement, the mediator drafts the custody and visitation plan. Mediation is most effective when the parents have completed appropriate parenting programs prior to their mediation appointment. Through the program, parents learn the importance of focusing on their children's best interests in developing the custody plan. Family Court Services also offers Child Custody Evaluation services for families who are unable to resolve their custody and visitation disputes.

Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While many parents cooperate when it comes to sharing their children and resort to mediation to settle a dispute, not all do. For those that engage in litigation, there seem to be few limits. Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is these infrequent difficult custody battles that make the news and sometimes distort the public's perceptions so that they appear more prevalent than they are and the court's response appears inadequate.

Competent legal guidance can prove invaluable while navigating this legal process.