What is child support visitation?
The Main concern of most parents across the globe is child support being paid and visitation rights being granted. This is especially true for parents who bring up their child at a distance. However, you can rest assured that visitation rights are completely and totally separate and one never impinges on the other. The absent parent would require applying to the court separately to gain visitation rights. In case, this happens, the court will take into account any relevant past history that could well preclude any visitation rights being awarded to the absent parent.
The Judge is the deciding factor on what is in the best interests of the child. The final decision of court is also based on child’s physical, emotional and mental safety, going to be paramount in any decision the court comes to. There are various avenues the courts could pursue, depending on the individual circumstances –each case being treated on an individual basis. If there is no court order in force, however, the law states that both parents have equal rights to the child.
Difference between Custody and Visitation
When parents decide on parting their ways, one of the parents will require taking responsibility of the child. Decisions are also taken on how the child is taken care of and by whom. The custody of the visitation is also decided. There is a difference between custody and visitation. There are two variations on the custody orders that can be awarded to the parent. The child will live with the parent who has custody. The other parent will have visitation rights. Visitation rights are also referred to as ‘time-share’.
Physical custody is the most basic custody order the courts can make. This simply clarifies which parent the courts have decided the child should live with. Meanwhile, legal custody specifies which parent is legally entitled to make decisions that can affect the emotional, psychological and physical health of the child. This also includes decisions involving their education, health care and other important decisions that may affect child’s life.
Different Kinds of Custody Orders
There are two basic types of custody parents can be awarded with. These include sole legal custody and joint legal custody. The final decision will be made by the judge. If joint custody is awarded, all the important decisions involving the welfare of the children, their education and their health are shared between both parents who are described as ‘sharing rights and responsibilities’. Sole custody, as the name implies, means that simply one parent will take over all rights responsibilities relating to the child in question.
The physical custody can be awarded as either sole or joint rights. Physical custody relates specifically to where the children will live while joint custody means that the child will live with both parents. The sole custody means the child will live, primarily, with one parent and be allowed to visit the other parent for a specified span of time. Joint legal custody and joint physical custody can be separated by the judge. These provide joint legal custody to both parents. The custody also awards physically custody rights to one parent over the other. This means that all the important decisions of childhood can be made by both the child’s parents whilst still maintaining the stability of a single home for the child. This is also combined with the freedom of the other parent to enjoy adequate visitation rights.
Maintenance payments and child support visitation rights is the main concern for most single parents supporting children by themselves. They are not mutually inclusive: just because child support payments have been arranged. The court needs to specifically state visitation rights. In case, the court has not stated the right for visitation, the parent does not have automatic rights to visit their child – no matter how much money they are paying to support the child. Child support payments are managed by the department designated for that sole purpose.
Arrangements for child support visitation are dealt with by a different department. This department comes under the jurisdiction of the courts. This indicates that the courts make the decision on whether or not to award visitation rights to the parents. The safety of the child is taken in to consideration prior to awarding visitation rights. During the judge’s deliberations, when deciding on the suitability of a parent for visitation rights, the judge will take into account the overriding best interests of the child – in terms of safety, well-being and health. Once the order has been made, whichever decision, visitation is administered through a department that is completely separate from the department that deals with child support payments.
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