The past few decades have witnessed a dramatic increase in the divorce rate in the United States, a phenomenon that reflects and influences changing social attitudes toward marriage and the family. When children are involved, the divorce process becomes further complicated by considerations over custody and visitation rights. When the parents themselves cannot resolve these issues, the courts are faced with the difficult task of making a custody decision. Generally one parent is given custody of the children and the other parent is given visitation rights. Interfering with the visitation rights of the non-custodial parent can amount to contempt of court. If you are seeking custody or visitation rights, contact Thomas Hogan Law Office.
For a consultation with our expert Modesto Child Custody Lawyer, Contact an expert Child Custody and Visitation Lawyer today about Modesto Child Custody or give us a phone call (209) 492-9335.
Best Interest of the Child
Courts have been using “best interests of the child” guideline, in which mother and father can compete on a more equal footing for the custody of the children. The question of what are the child’s “best interests,” and how these may be served by a custody decision, is crucial if this decision-rule is to play a useful role in the custody adjudication process. What is the child’s “best interest” will vary from case to case. Courts generally grant custody of younger children to the mother. However in case of older children, the courts have been known to give custody to the father. Our custody and visitation attorneys can assist you with your custody battle.
Child Custody Dispute
In hearing a custody dispute, a judge is faced with an unusual and difficult decision. Most legal disputes focus on the documentation of facts relevant to a case; child custody decisions entail more subjective judgments of parental care giving competence. Furthermore, custody disputes cannot be resolved on the basis of judicial precedent. Rather, they must be addressed on a case-by-case basis, taking into consideration the unique history and circumstances of the family in question. The judge’s decision-making is further complicated by the predictive nature of the custody award. That is, he or she must consider the long-term ramifications of the decision, including the future economic and living conditions of each parent, the developmental needs of the child, and the potential availability of extra-familial support systems. Finally, custody decisions rely heavily upon a judge’s discretionary powers in applying legislative guidelines to the particular family in question. For all these reasons, the resolution of child custody disputes entails decision-making considerations. It is therefore very important that you put across your case properly. Hire a custody and visitation attorney to represent your case.
Granting visitation rights is based on the determination that such continued contact is in the child’s best interest. Guidelines for determining best interest are not always clearly stated. If it appears that the noncustodial parent might not return the child at the end of a visit, the court has the power to suspend the parent’s visitation rights or revoke them altogether. Courts will also suspend or revoke visitation rights if the noncustodial parent physically injures the child or threatens to. If the noncustodial parent abused a child during marriage, his or her visits usually are both short and supervised.
Call us for a consultation
Call today for a consultation with our Modesto, California Attorneys. Give us a call at (209) 492-9335 and we will schedule a consultation at your convenient time.
Thomas Hogan Law Office Sacramento, CA