When divorce happens, each parent inevitably wants to have custody of the child or children. Finding the right balance is not often easy and that is why the United States and other countries have laws pertaining to child custody. There are rights that both parents have regardless of who gets actual custody of the children.
The parents will need to work out a child visitation schedule, child support payments and parenting models. This should be for the best interests of the children and not of the parents. The laws are in place so that the children are protected from being used against the divorcing mother and father.
Although each state will have some differences in their child custody laws the child custody rights are pretty uniform. The State of Wisconsin actually looked at all of the factors that each judiciary system used to approve their state child custody laws. In doing so they came up with a list of children’s rights where it pertains to custody as well as visitation.
Every state has adopted these child rights when looking at visitation and custody. Both parents regardless of who has custody of the children should use these as guidelines. A child has the right to see both parents and have an ongoing relationship with them.
This is why we have visitation rights. Neither parent should use the child or children as a pawn in a divorce. They are human beings with feelings, not an inanimate object. So the best interest of the child should be placed before any other objections.
Each parent should give the child guidance and care when they are at their respective homes. The parents shouldn’t try to influence the children to see the other in a different light, no matter what the reasons for the divorce. If a change in the visitation must be made the matter should be handled immediately to avoid any problems. The children should also have the reason for the change explained to them so they don’t think it is something they did.
Just because a divorce has occurred, both parents still have an obligation to their children. The child custody laws are enforced so that the rights of the parents and children are taken into consideration. Either parent can try to gain custody of the child or children. In most cases the children won’t be split between two parents, they will be kept together. Depending on the age of the child they may have a say about who they live with, but again states will differ.
Fathers and mothers both have a chance to show that they should have custody of the child or children in all of the states. When sole custody is awarded to one parent the non custodial parent will have the right to see the child and visit with them.
It doesn’t necessarily have to be written that visitation is allowed as it is implied in divorce decrees. They would however, need to have it written in the decree if the non custodial parent doesn’t have visitation rights. Child custody rights are not arbitrarily denied, even if a parent is in jail or has a police record.