Child Custody - Visitation

At Cohen & Best, P.A., we believe effective child custody attorney - lawyer legal representation requires experience and dedication to protect the rights of those who have entrusted us with their legal issues, while maintaining the best interest of each client.

Child Custody and Visitation issues can be extremely complicated. These issues can occur before, during, or after a divorce, including situations in which the parents or the child's guardians never entered into a legal marriage.

Tremendous strain can be placed not only the parents, but also the children, in child custody and child visitation circumstances. Cohen & Best, P.A., understands the burden that Child Custody and Visitation issues can bring upon individuals, and we have the legal skills to handle Child Custody and Visitation matters.

Residence and contact issues typically arise in proceedings involving dissolution of marriage, annulment, paternity and other legal proceedings where children may be involved. In most jurisdictions, the issue of which parent the child will reside, called the primary residential parent, is determined in accordance with the best interests of the child standard.

Family law proceedings which involve issues of residence and contact often generate the most child custody and visitation disputes. It is not uncommon for one parent to accuse the other of trying to "turn" the child(ren) against the other or allege some form of emotional, physical, or even sexual abuse by the other parent to disrupt the parent's contact or communication with the child(ren). Cases of parents removing children from the jurisdiction in violation of court orders, so as to frustrate the other parent's contact with the children, are not unusual.

Custody and Shared Parenting

Shared parental responsibility for the care, custody and control of a child may be ordered by a given court. Although one parent may be awarded "primary residential parent", both of the parents retain full parental rights and responsibilities with respect to their children. This allows both parents to have equal say in major decisions while fully discussing issues relating to their children, after each of the parent's concerns have been expressed.

In certain situations, each parent may have an equal right to be declared the primary residential custodian of the minor child. The Court makes a ruling with regard to what it deems is in the best interests and welfare of the minor child. The Court will take into account various factors it believes will directly affect the welfare of the minor child in determining which parent will be the primary residential parent. One factor the courts often consider is which parent is more likely to allow contact between the secondary residential parent and the child. A parent who is less willing to allow visitation between the child and secondary residential parent could do more harm for the child's best interests than good. The Court takes into account other factors too.

Child Support – every child has the right to be supported by both parents. Parents cannot usually contract away child support. The courts look to the best interest of the child standard.

Modifications of child support, child custody, and visitation - On occasion, the parties may need to modify child support, child custody, and visitation. Again, the parties have certain rights but so do the children that benefit from the modifications.

Cohen & Best, P.A., vigorously represents the rights of individuals who are currently engaged in child custody or other family law legal matters.