Divorce Guide

Divorce Guide

Divorce Parental Rights

When a couple with a child or number of children decides to go for a divorce, the divorce parental rights come into play. Parental rights during a divorce are an issue that is much debated and takes much time of the court. The matter can be also sorted through an “out of the court” negotiation between the spouses. There are some aspects of the divorce parental rights like the custodial rights and visitation rights.

Custodial rights –

The custody of the child is a vital part of the divorce parental rights. The custody of the child can be classified in two categories – the legal custody and the physical custody. While the legal custody is the right to take all the decision about the children, the physical custody actually decides with whom the child will live after the divorce. The court can give the custody to either of the parents or to both of them. In fact, the court can even order a third party custody where the child lives with none of the parents but with someone else who the court feels fit to have the custody of the child. The court has the complete authority to decide which one of the parents is to be awarded the custodian rights.

The best interests of the child is of primary concern of the court while deciding on the custodial issue. There are some other factors too that the court takes into consideration Such as, the income of both the parents, willingness of the parents to honor the child’s rights and the health of either of the parents,

Visitation rights –

Visitation right is a privilege that is given by the court to the non custodian parent that ensures that he or she also gets the chance to spend time with the child. This is not an automatic parental right and hence can not be demanded if the court denies under some circumstances. Generally the visitation right is awarded to the non custodian parent. While declaring the visitation right the court clearly describes the time, frequency, type of place and duration of the visit that need to be honored by both the parents. The court can deny the visitation right to the non custodian parent if it feels that there is threat to the security and well-being of the child. It can also happen that the non custodian parent may be ordered child support by the court but denied visitation rights.

It is now-a-days advisable to sort out all these issues “out of the court”. Such a settlement between the divorced partners is highly solicited as it offers the best solution for the interests of the child. If required a third party mediator can be arranged for resolving these issues. If this is not all possible, the court has the ultimate authority to decide on the divorce parental rights. The parental rights or to be more correct the parental responsibilities need to be maintained and honored by both the parents to ensure the best interests of their child.

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