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Custody And Visitation

Child custody can be contentious and very difficult.  Keep in mind that it is important that both parents “parent”.

Cute pictures of cute kids. They’re not in a divorce.
They’re not divorcing you. You’re not divorcing them.
Their other parent is not divorcing them. They’re not divorcing that parent.
Do what’s best for them. Even if you pay more support or receive less support.

The “payoff” will be years later, when you and your former mate can boast of a mutually wonderful relationship with your children (and they’ll be “your children” far past age 18).

We can help.

Matthew M. Kremer has over 30 years experience in dealing with issues of custody, visitation and special needs of children. We work with you to decrease the level of hostility and emotion to allow you to maintain a loving relationship with your children.

We have also dealt with many “move away” (relocation) cases.

Before you attend any Family Court Services, or private, custody mediation we will meet with you to assure you understand the purpose and what is expected of you. We strive to assist in truthfully putting forward your reasonable positions as regards the minor children.

The end of a marriage is often traumatic. One of the most emotional issues is often deciding the issue of child custody. The object in most, but not all, cases should be a division of custodial time that maximizes the time the children have with each parent; such is usually in the “best interests” of the child. Key is for both parties to shed any personal animus towards each other and understand that, while you may be divorcing, your children are not. They love you both and each of you loves them. A strong position should be taken at the outset. Contact Matthew M. Kremer to protect your rights and the rights of your children.

The courts have various statutory direction given by the legislature, and case law interpretation of legislation, all dealing with custodial sharing of minor children. Important factors the court will consider are:

    1. History of physical abuse.
    2. History of other violent crimes.
    3. History of alcohol or drug abuse.
    4. Stability of the children’s environment as well as whether one parent or the other may be contemplating a relocation.
    5. The wishes of the children (depending on age and maturity).

After physical (primary) custody is decided, the court must also decide how and when the children will be with the non-custodial parent (if not equally). Generally, visitation rights of some sort are granted to the parent who does not possess primary custody of the children if that seems appropriate.  In some cases, there is limited or supervised visitation.  We’ll help you deal with any and all aspects of custodial sharing.

The court, and Family Court Services (mediation), will want to fashion a plan whereby the children enjoy frequent contact with both parents.

The non-custodial parent will usually be provided some sort of set time to have with the children. A sort of “generic” visitation schedule might be the non-custodial parent having the children every other weekend, plus one night during the week, a 2-4 weeks during the summer when school is out and on certain holidays, school breaks and other occasions. Often times this may be dictated by logistics: Does the non-custodial parent have the free time to parent the children other than weekends, holidays and vacation?  How far apart do they live?

The custodial sharing arrangement you seek should be based upon the best interests of the children. Increasing or decreasing child support, which is based in part on the percentage of time the children are with each parent, is never a sound basis for seeking more time by the payor nor for the payee to seek to restrict the payor’s time with their children merely for higher support (it often does not increase or decrease significantly). What’s best for the children? That is the paramount consideration.

If you are facing issues that relate to this situation, you need to seek the help of a highly experience family law attorney with decades of dealing with issues of custody and visitation. Contact us via email or call 858-278-8080.