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Parental Rights in Joint Custody

Posted on May 21, 2015 in Family Law

Marriages are expected to last forever, yet these expectations often end up being sour. Husbands and wives develop resentments and distance that compel them to seek for divorce. During this fateful stage, the ones mostly receiving the negative repercussions are the children, especially when the battle for custody ensues.

It is sad to contemplate that the parents who are expected to be one in supporting and raising their child are the ones who will eventually separate and contend against the other for custody. This period in the divorce process is perhaps the most traumatic for the children. Legislators in many states are aware of this, which is why they came up with ways to convenience the separating parents and children through the different parental rights in joint custody without sacrificing parental authority.

The most important settlement during a divorce process is the custody of the child or the children. Children having to deal with a broken family, separating parents may asseverate joint custody rights for the sole benefit of the children.

There are two ways joint custody can be referred to; one is joint legal custody and the other is joint physical custody. Joint legal custody exists when parents decide to share the decisions regarding the child’s shelter, schooling, religion, medical needs and other basic necessities while joint physical custody refers to the type where the child lives with each parent simultaneously for almost the same amount of time. By any means, joint custody still results in both parents having to share the upbringing of the child as well as the responsibility of rearing him or her, thus co-parents can still play the vital role in raising the child post-marriage. But what are the different parental rights in joint custody?

Parental Rights in Joint Custody
One of these rights is the visitation rights, or the right of the parents to see their children personally. Specifically, the joint custody visitation right is the most illustrative term. In this visitation right, there will be a schedule to be followed by the parents who have been awarded joint custody. This gives the parents a chance to maintain a relationship with their child without taking more time than the other. It is up to them to create and decide for their own visitation schedule. They will need to create a schedule that allows their child to spend time with both the parents separately which should be balanced to avoid straining or frazzling the child. There are many pre-arranged schedules that would work well with joint custody visitation rights and the co-parents may base their own timetable.

The parents may also seek legal advice for proper scheduling. Family law experts can make their own recommendations to your already created custody schedule. Experts provide unbiased concepts to protect both the rights of the co-parents. Family law experts have many custody schedules to base from. The parents may see the recommendations to have either benefits or drawbacks and they can decide which to add or omit. It’s important for the parents to find the one that works best for their own joint custody visitation rights.

Visitation rights can range from a total prohibition of one parent to have contact with the child to situations where the parents may equally share the child’s time. Specifically, two other visitations rights are categorized in family law as the No Visitation and the Supervised Visitation rights.

No Visitation is obviously the right of the other parent to bar contact between the child and the other parent due to various reasons. Common reasons could be that one parent may impose grave danger upon the child or that one parent is incapable of visiting his child due to insanity or disease. The visitation rights are altogether stripped off the other parent.

Supervised Visitation, on the other hand, is the moderated version of the right. When the visitation is deemed possible to cause harm to the child, supervision by the other parent or a guardian may be ordered. In some instances, supervised visitations may be needed in events when a child and the parent haven’t seen each other for quite some time and there is a need for a step-by-step acquaintance. Depending upon the risk factors, this supervision may be provided by the parent or a professional agency.

When a marriage fails and the children end up choosing both parents, it’s beneficial to know these parental rights in joint custody. The essence of joint custody is for co-parents to acquire visitation rights and continue exhibiting their love for the child when the warmth and comfort of a complete family are no longer possible.

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