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Child Custody Child Support Child Visitation Divorce

Parental Rights Initiation: The Question of Equal Child Custody

In North Dakota’s recent 2014 election, there was an interesting voter initiative on the ballot – the “Parental Rights Initiative.” If it had passed (it was defeated 62% to 38%) it would have required courts to award “equal parenting time” to both parents either in the separation process, or divorce. Though the law didn’t pass, it does shine a light on the on-going debate about how child custody cases are decided.

History of Child Custody

The issue of deciding child custody has a long history in the nation. Colonial Americans, following English rule, maintained that a father should retain the custody of his children upon divorce.  This was standard practice until the early 20th century, when motherhood and women as “caregivers” became the norm. As divorce became more common during the 1960’s, there was a large shift towards gender equality and the importance of both parents in a child’s upbringing.

Custody Indivisible

Despite the shifts between one parent being favored over the other, one thing remained true: custody was indivisible. One parent would raise the child, while the other parent would have visiting rights.  But shared custody has become more socially and legally accepted as parents have started shouldering more equal parenting responsibilities. And rather than relying on judges to determine “in the best interest of the child,” separating and divorcing parents have started to take on the task of creating their own enforcable “parenting plans” for their children.

Parenting Plans

Parenting plans are custody agreements, often put together with the help of a mediator. They are meant to be flexible, but also detailed, outlining each parent’s responsibility in the raising of the child. This idea of coming to an agreement fits more in line with healthy child development. An agreed to plan means the child does not get stuck between warring parents duking it out in damaging litigation. It can create a more harmonious living situation for all involved, and most importantly, for the child who is caught in the middle.

For advice on child custody, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Washington Post, There’s a great way to figure out child custody. Most divorce courts don’t use it., November 14, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Visitation

Child Visitation During the Holidays

As the holidays quickly approach, it’s important to have your child visitation schedule worked out. Making sure there is a plan in place will help ease the tension of the holidays and ensure you don’t have to constantly negotiate with your ex over which holiday will be spent where.

State’s Recommendations for Child Visitation During Holidays

Each state has its own visitation recommendations for holidays. Still, parents typically rotate major holidays such as Christmas Eve, Christmas Day, New Year’s Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, and Halloween. Usually, a child, or children will spend days such as Mother’s Day and Father’s Day with their respective parents. When visiting out of state parents, or parents that live further away, the scheduled time is adjusted to compensate for any time spent traveling to an from.

Child Visitation During Extended Vacation Time

For extended vacation times, such as Christmas or Hanukkah vacation, or summer breaks, time is typically divided evenly between the parents. So for example, one parent will take the first half, and the other parent will take the second half of the break.

When to Decide on Holiday Child Visitation Plans

Holiday visitation schedules often take precedence over the standard weekly schedule. And sometimes the holidays will disrupt the standard schedule It’s suggested that you plan the holiday schedule early in advance and clearly, as to avoid any confusion. It’s also important to keep a record of the schedule, so any questions or conflicts can be quickly resolved.

Even with a holiday schedule firmly in place, there may still be conflicts that arise. Working with a divorce and child custody attorney can help you handle any holiday visitation issues.

 

Source: WomansDivorce.com, Holiday Visitation Issues, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co