(864) 585-5100 For parents going through a divorce or separation, child custody and visitation involve sensitive and fiercely contested issues. If you are seeking visitation rights with your children, you want what is best for them, but might not know how to handle the legal issues involved.
An experienced Spartanburg visitation lawyer with a proven track record could analyze the case and work hard on your behalf. Whether mediation provides the best solution or your case requires courtroom litigation, an experienced family law attorney at KD Trial Lawyers could listen to your concerns and assist you.
Custody refers to the rights of each parent to make decisions regarding the child’s care and upbringing. Visitation refers to the time a child spends with each parent. There are two main types of custody. Legal custody refers to the rights of each parent to make significant decisions regarding a child’s welfare, including education, medical care, religion, and other essential aspects of life. Physical custody refers to the living arrangements of the children involved and typically includes visitation schedules.
Either type of custody can be decided as sole or joint, and courts will seek to make a decision based on the child’s best interests. In many cases, if all factors are equal, courts prefer to set joint custody for both legal and physical custody. However, it may be in the child’s best interests for one parent to have sole legal custody, physical custody, or both.
Visitation involves the parenting time schedule that both parents share. (Often, when a parent asks for sole custody, it is visitation that they are thinking about.) A judge can set visitation arrangements, but courts generally prefer that parents reach their own agreements on a visitation schedule. An attorney from our Spartanburg firm could answer your questions about visitation matters.
When the courts must get involved in a custody or visitation dispute, they will use certain factors to analyze the situation. Factors a judge will consider can include:
While you might believe these factors align in your favor, it is not enough to merely say so. Courts require evidence to support the balance of child custody factors, and an effective Spartanburg visitation attorney from our firm could help build that argument in your favor. A judge will make custody and visitation decisions after a court hearing that involves both sides presenting evidence.
Leaving visitation up to a judge who does not know your family well can be a frightening task. Often, the best visitation schedule is the one parents can agree to on their own. Instead of court hearings, you can participate in services such as mediation or alternative dispute resolution. Experienced visitation lawyers in Spartanburg could facilitate the use of these services to accomplish your goals through a cooperative process.
A knowledgeable Spartanburg visitation lawyer understands the stress involved in the visitation process and how to help you reach your goals during this challenging time. If you are seeking a visitation schedule for your children and have questions about the process, an attorney from our firm could help. Reach out today to schedule a consultation.