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By Jordan Schmidt


There are many reasons why marriages fall apart. Even uncontested divorces are fraught with regrets, recriminations and complex emotions. There are assets to divide, debts to settle and agreements to reach. When there are children involved, everything becomes much more complex. Custody law is very complex and needs to be approached with extreme caution. However, with help from a visitation attorney Riverside couples can dissolve their marriages without causing undue harm to their children.

When there are children involved in a divorce, especially if custody is contested, the courts focus solely upon the interest of the children. In some cases the preferences of the children will be sought and taken into account. Issues such as the ability of each parent to care for the children play an important role in custody decisions. In many cases social workers or even child psychologists are asked for their professional opinions.

Making decisions regarding custody and visiting rights are almost always very difficult for the court. In many cases the children are consulted, but their wishes are not automatically granted. It is often also necessary to involve a social worker or even a psychologist. In some rare cases the children may even be placed in places of care while the court deliberates the matter.

Problems normally arise when one parents denies the other one visiting rights. Unfortunately, such cases are not rare. The wronged parent has to face one excuse after the other and in the end it is the children that suffer. Sadly, the only remedy is to approach the court again to ask a judge to order the erring parent to obey the original court order.

Custody and visiting rights disagreements can be extremely destructive. When a parent is unhappy about the behaviour or lack of action from the other parent it is generally not a good idea to try and solve the matter personally. In such cases it is best to ask a specialist lawyer to handle the matter in an objective manner. Of course, if both parents are reasonable matters may be solved amicably and without a lawyer.

Parents with custody also often turn to the courts for a variety of reasons. In many cases it is because the absent parent does not honour support agreements. In other cases it is because the other parent does not honour the agreed visiting schedule by either not seeing the children when he or she should, or otherwise by not keeping to the agreed schedule.

Sometimes parents believe or are led to believe that they do not qualify to exercise their visiting rights simply because they are unemployed, involved in a new relationship, or even in arrears with child support payments. None of these circumstances will disqualify a parent from seeing his or her children as ordered by the court. Children will never be denied access to their parents for trivial reasons.

Social workers and child psychologists generally agree that acrimonious divorces are one of the main contributing factors to severe childhood trauma and behavioural problems. When a decision is made to divorce, the parties concerned should do everything within their power to minimize the trauma for their children and to behave as responsible, loving parents.




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