Ways For Women To Receive Custody Visitation Rights

The first thing women should understand is that “custody visitation” is not a term of art. There is a legal difference between being awarded “custody” by the court and being awarded “visitation” rights by the court. The court will usually award one parent primary custody of the marital children and the other parent is usually awarded reasonable visitation rights with the marital children. The parent with primary custody of the children does not need visitation rights because the children live with him or her.

Women Routinely Granted Custody of Children

Women are historically granted primary custody of marital children especially if the children are fairly young. If a woman has been awarded only visitation rights it is usually become she is for some reason, such as her work, her place of residence out of State or some similar reason unable to be the primary custodian of the children. If her situation has changed and she would like primary custody she should attempt to come to an agreement with the former spouse first, and failing that, she must retain an attorney and bring the matter before the court and request primary custody. Where a change in custody is not in the best interests of the children it is unlikely the court will order any change in the current custodial arrangement.

Asking the Court to Alter Custody or Visitation Orders

Custodial orders will be altered only in best interest of the children such as where a custodial parent is determined by the court to be dangerous, abusive, neglecting the children’s health or well being some way or other similarly severe instances. If a female parent has been granted only minimum visitation rights or no visitation rights with her marital children it may have happened due to that parent’s abuse of alcohol or drugs or former abuse and neglect of the children placing them at risk of danger or similar reasons. If that was the situation behind the court ruling there is no magic bullet to fix the outcome. The women must provide the court with evidence that she understands that her past behavior placed the children at risk and she has changed and deserves a second chance or a new start with her family.

Getting Legal Help

If you or a member of your family is dealing with divorce related custody visitation problem it is important to contact a divorce attorney to discuss the circumstances of the problem and the best interests of the children involves. An attorney can take the legal steps necessary to protect the children and the parental visitation and/or custody rights.

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