A Closer Look at Factors Affecting Visitation

If you are divorced or in the process of divorcing and you are dealing with child custody issues, you may wonder how the courts will decide on the visitation rights of the parent who is not the primary custodian. Although courts consider custody issues on an individual basis, there are general factors that can affect visitation rights.

Important Factors to Consider

The courts are charged with finding the custody arrangement that is best for the child in question. In the past, there was a great emphasis on children staying with their mothers, but that is changing in most courts. Most judges will want the children in question to have the custody situation that is safest and most supportive for them, and will look at many factors in both parents’ lives to determine what will best serve the child. There are many basic issues that are considered:

  • The health of the child and any specific needs he or she has
  • The health of the parents
  • The social situation encountered with each parent
  • The parents’ abilities to provide necessities for the child
  • The child’s current situation and known routine
  • The child’s schooling and educational needs

These are just some of the factors that are considered in most cases. In some situations, there are more serious factors or accusations that may affect visitation rights in profound ways, such as:

  • Abuse allegations
  • Alleged history of drug use or alcoholism
  • The parents’ criminal histories, if any
  • Reports of a violent temper

It’s important that you are aware of how any of these situations may affect your case. No matter what the details are in your situation, an experienced custody attorney can assist you in making the best possible case for your hopes for visitation.

Contact Us

Contact an Oceanside custody lawyer from the law offices of Fischer & Van Thiel, LLP, today at 760-722-7646 to begin work on your case.

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