May 22, 2012

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Child Custody Evaluation

May 14, 2012 By Leave a Comment

By Jean Mahserjian -

A child custody evaluation can be ordered by a court if you are involved in a custody dispute with your spouse. The custody evaluation can be required in an initial custody case or in a subsequent case if one of the parents requests that the issue of custody be modified. If you are seeking primary custody of your child, you’ll want to know the guidelines for the child custody evaluation that you will have to undergo. To some extent, these guidelines vary from state to state, so you will need to discuss the child custody evalutaion process with your attorney or your state family court.

In general, a child custody evaluation involves a series of meetings between the parents and children and a professional who will assess the custody issue. Sometimes that professional is a psychologist. Sometimes it is a professional with an Masters and sometimes a Doctorate degree. In some states the professional simply investigates and reports the details of the investigation to the court. In other states, the professional doing the child custody evaluation actually gives the court a recommendation as to how custody should be determined.

The manner in which a child custody evaluation is used by a court can also vary from state to state. In some states, the judges put a higher priority on the wishes of the children and that issue is addressed in the custody evaluation. In some of those states, the child’s wishes are considered if the child has attained a certain age. InIllinois, the child’s wishes is a key factor. In other states, it is only one factor or not a factor at all. In Alabama, a chid’s desire is not considered as a reliable factor in determininig custody, so the factors to be given priority over the child’s wishes in the child custody evaluation are more focused on the well being an safety of the child.

A child custody evaluation can involve an investigation into moral habits and issues such as alcohol or drug use, church affiliation and family support system. Other issues that can and often are reviewed in a custody evaluation include factors that are unrelated to moral habits, but which are more focused on the determining which parent can satisfy the child’s needs, include the ability to provide an appropriate home, school support, and so forth.

A child custody evaluation can take months to conclude. The investigation aspects can include a review of any existing counseling records for the family, either or both parents, or the children, any mental health records for any of those parties, any criminal records, school records for the children, and one or more interviews with each parent and child and any other individual that the court deems appropriate. For example, if a companion or significant other is living with a parent, that person could have an impact on the day to day lives of the children. The court may want that person included in the child custody evaluation. Some of the evaluation interviews are conducted individually, and some are conducted with parent and children together. That format is dictated by the professional conducting the custody evaluation.

If you are involved in a custody dispute and you will be involved in a child custody evaluation, speak with your attorney about the process that you and your children will be subjected to. Be prepared and open and provide all of the information that is requested of you. Most of all, find out what you are able to say to the children to prepare them for the interviews that they will have to attend.

Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: Divorce and Child Custody

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The Court Determines Child Custody

May 9, 2012 By Leave a Comment

By David Chandler -

A child custody proceeding is any case involving child protection, adoption, guardianship, termination of parental rights or voluntary placement of your child.

The support order will be based on the child’s needs, obligor’s ability to pay, custody arrangements and the child support guidelines. The Criminal Code makes it an offence to abduct a child to spite a custody order. A custody order establishes both the custody and parenting time arrangement for the children. Your child custody order is also confidential.

When an unmarried mother has a child, the mother has legal custody of that child until a court says otherwise.

During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to determine. The Court must consider the following factors in every child custody decision under the law regarding the best interest of the child. The court retains the power to alter the custody arrangements until the child turns 18 or is emancipated.

You may contest custody, child support, and alimony and property division by appearing in court and filing appropriate legal papers. At the hearing, the court shall hear evidence to determine whether the child custody and support determination should be modified. The fact that one parent has been the child’s primary caretaker is often considered but is not enough to guarantee a custody award. It is not that unusual for middle class parents to spend $60,000 on a divorce and child custody fight. Traditionally, divorce in the United States results in one parent being awarded primary custody and decision making for a child.

Rights

Each parent shares the rights and responsibility for the care, custody, companionship, and support of their children. Some states, such as Arizona, have fathers rights groups specifically dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).

Definitions

Custody means that a parent has legal custodial rights and responsibilities toward the child.

Joint child custody means that both parents have the legal custodial rights and responsibilities toward a child. Joint custody allows both parents to have a say in the child’s upbringing. There is no evidence to support that a presumption of joint custody is in the best interests of children. A study found that only when parents were still actively fighting did joint custody exacerbate children’s feelings of being torn between parents. However, when both parents favor joint custody, it can be a good solution for the children. Some parents have chosen a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents. Some states award joint custody in which the judge simply divides the child’s time between the parents. Joint custody does not mean simply alternating where the child lives from time to time. In fact, there may be legal joint custody, but the child may live with only one parent.

Legal child custody includes the right to make decisions about the child’s education, religion, health care, and other important concerns. A child may be placed in foster care while a custody case is pending. Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training.

Physical custody and residence means the routine daily care and control and where the child lives. Physical child custody is awarded to one parent with whom the child will live most of the time. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. There is also a presumption that it is in the child’s best interest to be in the custody of a parent over a non-parent.

Visitation rights allow the non-custodial parent (the person without child custody) time to spend with their child. A common arrangement is that one parent gets custody of the child and the other parent is given visitation rights.

Evaluation

A child custody evaluation is a report written by a neutral professional about you, the other parent, and your children. It is usually not necessary that formal psychological tests be administered to each parent in the context of a child-custody evaluation. The primary purpose and focus of the custody and/or visitation evaluation is to determine what is in the best interests of the child. Comprehensive child custody evaluations generally require an evaluation of all parents/guardians and children, as well as observations of interactions between them. The children are also evaluated in a custody/visitation evaluation.

Attorney

Because of the complexity of child custody matters and the importance of the outcome, it may be advisable to contact an attorney. The attorney should know several child custody evaluators or guardian ad litems that they have worked with successfully. If you proceed with a child custody action without an attorney, you are acting as your own attorney.

In a child custody dispute, there are rarely winners, frequently everyone is a loser, and the biggest losers are often the children. When women fear losing custody of children the stress can be overwhelming. However, in many cases, women are favored as holding custody of their children.

For more information about child custody, visit Child Custody

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Bugging and Tape Recording Conversations in Arizona: Is it Legal?

May 9, 2012 By Leave a Comment

By Trent Wilcox -

Lawyers often receive inquiries about the legalities of recording phone or other conversations in Arizona. In particular, the issue frequently arises in family law cases where child custody is at issue. Related to the recording issue is the “bugging” issue.

There are a number of variables that affect the answer to the central question, whether it is legal to either record or even bug conversations. First, bugging and recording are two different issues under Arizona law, often related, but also potentially very different under the law. Second, the laws regarding bugging and recording vary significantly by jurisdiction so what is legal in one state may be illegal in another. As well, the federal law may vary from state laws.

The following is a very brief analysis of the bugging and recording law in Arizona:

A. Bugging, otherwise known as wiretapping, typically means placing a device on a phone that allows one to eavesdrop on a conversation or other transmission. Bugging by a private party is considered illegal almost all of the time for two reasons primarily: First, it allows someone to listen to a private conversation between two or more unsuspecting parties. Second, bugs are usually placed without permission so you have a number of infractions inherent in such trespass-like activity. If you suspect someone has placed a bug on your phone or other device, you should call the police.

B. In the case of a telephone or in-person conversation, recording simply means making a copy of the conversation between two or more people. Recording is illegal in Arizona if NO party to the conversation knows that the conversation is being recorded. However, in Arizona, and this varies by state, if one party to the conversation knows that the conversation is being recorded, it is not illegal. Thus, if someone tape records a phone call or conversation involving him/herself and another person, even one who is unaware of being recorded, that’s legal in Arizona. If the same person taps into a phone line and records a conversation between two people who are unaware they are being recorded, it is ILLEGAL. Arizona and federal law are similar in this respect; however, recording conversations is illegal in certain other states unless all parties know of the recording and consent. There may be some cross-jurisdictional issues involved when tape recording a conversation across state or national boundaries. Prior to tape recording, I recommend that you consult an attorney in the appropriate jurisdiction.

In summary, bugging/wiretapping is always illegal while tape recording is legal in Arizona as long as one party to the conversation is aware the conversation is being recorded. However, don’t make assumptions about the law in other states -consult an attorney to determine what is allowed.

Wilcox & Wilcox, P.C.

Trent Wilcox

For the Firm

Phoenix office:

3030 N. Central Ave., Ste. 705

Phoenix, Arizona 85012

Ph: 602-631-9555

Fx: 602-631-4004

Goodyear office:

1616 N. Litchfield Rd., Ste. 240

Goodyear, Arizona 85338

Ph: 623-344-7880

Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Check out our web log: http://www.arizonafamilylaw.blogspot.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota. Information in this article may apply only to Arizona.

Attorney Trent R. Wilcox is the managing partner of Wilcox & Wilcox, P.C. Mr. Wilcox practices in the areas of family law, employment disputes and general civil litigation. Mr. Wilcox is admitted to practice in the Arizona state court and federal district court and is a member of the Maricopa County, Arizona State and American Bar Associations.

Mr. Wilcox has worked closely with the National Center for Missing and Exploited Children to return abducted children to the custodial parent. He has assisted parents in cases brought under The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

Mr. Wilcox plays golf professionally when time remains after family and the demands of the law office have been met and currently carries a +3.9 handicap.

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Child Custody Laws for Single Parents

May 1, 2012 By Leave a Comment

By Amie Haskett -

Child custody is a very emotional subject and even more so for single parents who are not married. Custody battles can become very nasty when the father does not accept paternity, when unmarried parents do not live together or when a relationship comes to an end.

Child Custody Laws

We will focus on custody laws relating to mothers and fathers who have never been married to each other, with children born out of wedlock. Divorced couples may also be known as single parents, but the same laws do not always apply. As laws differ from country to country we cover general principles only. In the United States each state has its own. If you live elsewhere in the world, do an internet search for child custody laws applying to single parents.

The Rights of the Child

The basic principle remains the same for all child custody laws. The rights of the child come first. The United Nations Convention on the Rights of the Child specifies that in all legal matters, countries should act in the best interests of the child. Children of single parents have the same rights as children born in wedlock.

Children’s basic rights include:

  • The right to life
  • The right to a name and nationality
  • The right to be cared for by his or her parents
  • The right to have contact with both parents

The Rights of Single Parents

Child custody describes the legal relationship between a parent and child. This relationship involves both rights and responsibilities. Rights regarding custody for single parents could include:

  • both biological parents have automatic custody rights
  • the unmarried mother has automatic custody
  • the unmarried mother has to apply for custody
  • the unmarried father has to prove paternity before applying for custody even if his name appears on the birth certificate

Types of Child Custody

Most family courts support the idea of joint custody as children benefit from a strong and close relationship with both parents. Depending on the circumstances, different types of custody can be awarded to single parents

  • sole legal custody – one parent makes all the decisions
  • shared legal custody – both parents make the decisions
  • sole physical custody – the child lives with one parent, with the other having either unsupervised or supervised visitation rights
  • joint physical custody – the child spends more or less the same amount of time with each parent.

If the biological single parents are too young, or not considered fit to care for the child, the courts may award custody to a third party, such as a grandparent.

Evaluation tools for awarding custody

Courts do not use a fixed list of rules when awarding custody to single parents. A judge may consider the following factors or situations:

  • age of the child
  • best interests of the child
  • child’s preference
  • relationship between child and each parent
  • primary caregiver to date and impact on the child of any change
  • ability of the parent to provide a comfortable, stable and caring home
  • relationship between parents
  • parents’ preference
  • evidence of alcohol or drug abuse by either parent

Find out the custody laws for your state or country. Even if you are in a good relationship with the father or mother of your child, unmarried single parents living together should formalize all child custody issues.

For more information regarding single parents, visit us at www.singleparentcenter.net.

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Child Custody – Things the Judge Will Consider

April 23, 2012 By Leave a Comment

By Lucille Uttermohlen -

Whether you are getting a divorce, or were never married, the court has guidelines it must follow in awarding custody of a child. In general, it is the court’s duty to place the child where it would be in his/her “best interest” to live. The following are some of the things a judge would normally consider.

The age and sex of the child can be important. If a boy is old enough to decide that he wants to spend more time with his dad, the judge may let him move in. If a girl feels that her step-mother is … well, not the good witch, a court may listen to what she has to say in favor of her mother’s home. The child must be old enough, and sufficiently mature to understand what he/she is requesting. If the judge thinks he/she is, serious attention can be paid to the child’s wishes.

The persons sharing the custodial parent’s home can be relevant to a custody modification. If the mother’s boyfriend is abusive, or the father’s new wife is hostile to his kids, the court may decide that the child would be better off with the other parent. If the child is mistaking needed discipline for cruelty, however, the court may decide that his/her stability is best served by remaining with the custodial parent, even if that parent won’t let the child blast his music at full volume whenever he/she wants.

If there are other children, the court may look at whether the child would suffer by being separated from his/her siblings. Even half siblings can form strong bonds, and it may not be good for the child to live in the other parent’s home if to do so would cause them to be apart. This factor can be neutralized by the existence of half siblings in both homes. Still, the child’s relationship with these other children can be important.

Drugs and alcohol can also play a part in a custody determination. Obviously, a parent who drinks to excess or engages in the use of recreational drugs may lack the judgment to provide a safe home for the child. The risk of dangerous behavior or even being jailed could make this kind of parent a bad choice for a child’s primary caretaker. In addition, if the parent is violent, or can’t protect the child from others who are, the child may be better off in the other parent’s home.

The things a judge uses to determine where a child should be placed, also depend on the situation. Most judges don’t like to talk to small children because they are unable to appreciate the significance of the proceeding. However, an older child may be able to provide useful information regarding his/her own best placement. School records can also be useful in assessing a child’s home situation. A straight “a” student who is suddenly flunking may be in need of the other parent’s care. If the child is getting therapy, the counselor’s opinion may be valuable. Finally, the court can ask for reports from independent persons, such as guardian ad litems, if the judge is convinced that the parties and their witnesses cannot give adequate information on which to base a fair decision.

Copyright (c) 2009 Lucille Uttermohlen

Lucille Uttermohlen has been a family law attorney for 27 years. If you hav questions about divorce, or any other legal issue, visit Lucille at http://www.couple-or-not.com for answers.

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Issues of Child Custody

April 17, 2012 By Leave a Comment

By Sharon L Tate -

The parent who is granted physical custody of the children will live with the children and provide for all the children’s daily needs. That parent is responsible for basic needs, such as food, clothing, and transportation. The parent who is granted legal custody is given the responsibility to make all the major decisions that will significantly impact the child’s life. These decisions involve issues of education, health, religion, or any other significant matter. When deciding issues of child custody, the parents must decide who will have physical custody and who will have legal custody. Of course, one parent may be granted sole custody, in which case he or she would have total custody of the children. Another arrangement is called joint custody, in which the parents equally share both custodies (physical and legal) of the children or share either physical or legal. The parent who does not have physical custody of the children is granted visitation rights. Under the orders outline by the court, that parent is allowed to see the children under certain circumstances and in specified locations. The child may be allowed to spend weekends or overnights with the parent, but the child may not move in with the parent.

There are many different arrangements that are available to the parents, and if they cannot decide on their own, the court will step in and decide what is in the best interests of the children. Sometimes, when parents cannot come to a mutually satisfactory agreement, they hire a mediator-a neutral third party who helps to negotiate decisions. The mediator is not allowed to side with one parent or the other; on the contrary, the mediator is required to provide helpful information and guidelines for the parents so that they can come to the best possible solution. Mediation can be helpful when a decision must be made but the parents cannot agree together on what the appropriate outcome should be.

The parent who does not have custody of the children is often obliged to pay child support to the other parent. The resources from the child support are to be strictly used for the needs that are incurred with the raising of the children, and the custodial parent may not use the money or resources for any other reason. If you are a parent and are currently going through a divorce, it is essential that you find a trustworthy and experienced family law attorney. Developing a satisfactory parenting plan is important because it is tedious and sometimes fruitless to try to change it later on. The court is often reluctant to change divorce orders unless concrete evidence is given that the changes are in the best interests of the children. This can be hard to come up with, and if the court does not see the significance, no change will be allowed.

These same rules apply when parents are seeking a legal separation instead of a divorce. Many of the same decisions must be made regarding child custody. The only difference between legal separation and divorce is that after a legal separation, the couple is still legally married. Therefore, they must still choose which spouse will have custody of the children and which will have visitation rights.

The Law Office of Sharon L. Tate has a respectable reputation because Ms. Tate cares about each of her clients; her respectable reputation is well-earned, and it speaks for itself. She is a reliable and experienced family law attorney who serves clients in Phoenix, Arizona. She treats each client as an individual and cares about the outcome of each case. Ms. Tate has 14 years of experience in family law and is prepared to take on your case. She has experience both as a tutor and has edited documents for Law Review. She taught law classes at the college level and enjoys researching issues that involve law. She has a particular interest in family law cases and wants to help her clients pursue the outcome that is in their best interests.

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The Right To Move Children

April 11, 2012 By Leave a Comment

By Christine Murray -

Of all the custody and access issues that exist, one of the most difficult issues for the courts to deal with is whether a custodial parent should have the right to move with the child. The custodial parent does not automatically have the right to move the child away from the access parent. If a custodial parent is considering moving to another city or province and that move would hinder the access parent’s ability to exercise access, then the custodial parent should consider reasonable alternatives to moving. The access parent is entitled to go to court to request that the court make an order that the child not be moved or that custody arrangements be changed.

Some parents are able to work out alternative access arrangements when a move is necessary for employment purposes. Alternate arrangements are rarely satisfactory for all parties, including the children. However, reasonable alternatives to weekend access include extended summer access and extended holiday access. Also, it is often difficult to decide who will pay for the travel necessary for the access to occur.

The courts are able to make an order prohibiting the custodial parent from moving if that is considered by the court to be contrary to the child’s best interests. The court will consider the existing custody arrangements and the relationship between the child and the custodial parent. The court will also consider current access arrangements, the extent and type of contact between the access parent and the child, the disruption that the move will have on the child including the effect of removing the child from friends, family, schools, and social supports.

In mobility cases the court also considers the custodial parent’s reason for moving, the custodial parent’s ability to meet the needs of the child.

There are no set rules about moving the child and the decision is ultimately at the judge’ discretion if the case goes to court. It is difficult to predict what the judge’s decision will be in any case because the facts considered vary from case to case. However, the reality is that the court starts with the premise that there is an advantage to sticking with the existing custodial arrangement.

In the event that parents who are separating are proceeding with resolution of their differences by way of a separation agreement, it is often best to consider the possibility of moving directly in the contract.

*This article is not intended to provide legal advice. Each case is different. It is recommended that you consult your lawyer for advice concerning your particular case.

Christine Murray
Injury Alliance
http://injuryalliance.com/Family%20Law.html

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Divorce and the Basic Issues of Child Custody

April 3, 2012 By Leave a Comment

By Jess Garson -

Divorce is considered one of the most traumatic experiences a person can face in their life. When the divorcing couple are parents of minor children, the issue of child custody takes centre stage. It is an issue that cannot be put aside until other issues are dealt with. The problem is that on top of the pain of the divorce itself, most parents do not have a clue about the complexities of child custody. They don’t know their rights, their child’s rights or what has to be done to protect themselves and their children. This article will highlight some important issues that divorcing parents need to consider.

What Is Child Custody?

In a nutshell, child custody is the term used to describe the guardianship and living arrangements for the minor children of divorcing parents. The children have to live somewhere. They have to be cared for by someone. The big question for divorcing parents is…

Who Gets Custody of the Child?

No. Contrary to popular belief, the mother does not automatically get custody of the kids. No assumptions can be made about child custody. Especially if the final decision is made by a judge. The underlying consideration for all custody matters for all those involved in the decision, including a judge (if necessary), is who and what will serve the best interests of the child. In other words, who will the child be better off with. So, there are many things that must be taken into consideration when determining who gets custody of the children.

How is Child Custody Determined?

Custody can be settled by the parents with the help of their lawyers. In this case, an out-of-court settlement is reached under the laws governing such a collaboration. This route is actually less stressful for all involved including the children. It is cheaper than going to court. It’s faster. It’s also more likely to be adhered to by both parents. However, this ideal situation is only possible if the parents can be very reasonable with each other.

If the parents can’t settle the custody issues themselves, their case will be presented in family court where a judge will make the decisions for them. In a custody battle, one or both parents may be unhappy with the decision the judge makes which causes bad feelings and invites petty and even bad behaviour. A bitter divorce can easily extend into a long, gut-wrenching, expensive custody battle.

What Does A Parent Need To Do?

If the parents are in the divorce process, they probably have already engaged lawyers. Their lawyers will be able to guide them with their child custody concerns. If they have not yet retained lawyers, they would be well advised to do some research with regard to divorce and child custody. A lot of information can be found on the web in general, attorney websites and government websites.

At the very least, if a court case is looming, both parents should be documenting everything they can. Things like behaviour in front of the children, treatment of the children, finances and anything else they think will give them an advantage in court. Parents should go to court informed and prepared if they want a favourable outcome for themselves.

Other Things To Consider.

In a court case, since the best interest of the child is of paramount importance, both parents will be under a microscope. Their habits and behaviour will be scrutinized by the court. Most parents dig up dirt on each other, too. Drug and alcohol use, smoking, neglect, abuse, criminal behaviour and parental friendships will all be taken into account.

Divorce and child custody go hand in hand for parents of minor children who are ending their marriage. Ideally, parents should put the well-being of their children above all else and work out a child custody arrangement amicably. Otherwise, the courts will decide the fate of the children and the parents will be at the mercy of the court.

Get an advantage in your child custody case by getting informed at http://www.custodyconcerns.com. For expert advice on all aspects of child custody check out the publications at the child custody library.

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Family Law and Child Custody

March 27, 2012 By Leave a Comment

By Mark Middleton -

The bold statement saying that “50% of all marriages in the United States will end in divorce” has had many people concerned. Did you know that approximately 67% of second marriages and 74% of third marriages end in divorce? It’s scary and an altogether crushing fact to face. However, it also leaves many families and couples looking for answers and professional legal help. Although divorce rates are lower for couples with children, the process of separating is much more serious.

The first and main concern of family law is what will happen with the kids. Child custody is left in the hands of a judge if an agreement with the parents cannot be made. Should the decision be left up to the judge, there is a lot of work to be done by the parents. Each will have to state their case for deserving custody. A judge will make this decision based on facts and what the best interest is for the minor child. Parents are reminded that attacking each other in court and only providing negative “facts” about each other is not something that will win a case. The judge is looking for things like school attendance and performance and witnesses that can describe their relationship with the child or children. They will be looking for mental and financial stability along with the amount of time the parent has to spend and nurture the minors. What is the parent’s relationship like with other adults? Are they able to take care of the children for extended periods of time? Rarely do they call a minor to the stand, but if they are age appropriate and both attorneys and circumstances approve, then they may be allowed to have their opinion included in the judge’s decision. These are just a few examples of what is considered in determining child custody.

There are two types of custody: physical and legal. If a parent has legal custody then they have full decision making rights. They are in charge of making all the major decisions. Physical custody is where the children are primarily living at that parent’s home, but both parties must agree on major life decisions regarded the minor.

Divorce can have a huge effect on the children. Many times they are too young to understand. It is important that everything is brought to the table when deciding custody. This decision is absolutely made in the best interest of the child and anything that proves that should be considered in court.

Family Law Raleigh

Chapel Hill Family Law

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Child Custody Arrangements and Visitation Schedules

March 22, 2012 By Leave a Comment

By Kelly A Turner -

When you are in the middle of a custody dispute, it is easy to become overwhelmed by the amount of decisions you have to make. A child custody agreement has many sections and it can be difficult to foresee the future needs of your child and address the relevant issues.

The best way to approach your child custody agreement is to concentrate on one section at a time and try to include as much detail as possible.

Holiday custody arrangements are commonly overlooked when parents create their custody agreements. Instead of including specific provisions for holidays and special occasions, parents often sign off on vague statements such as “alternate holidays in even and odd years”. Some of the holidays may even be listed but generic statements rarely encompass all of the issues that could be (and should be) addressed.

When you rely on these vague details, it leaves things open for interpretation. This can cause problems when parents view the holiday arrangements from different perspectives. Arguments may ensue, and what should be a happy holiday may turn into a stressful nightmare.

The only way to clarify the terms of your agreement after the fact is to turn to the dispute resolution process you (hopefully) included in you parenting plan. If that fails, you will have to return to court to battle out your differences.

If you are proactive and take the time to create a comprehensive holiday and vacation schedule for your child you will find that executing the schedule will be simple and free from conflict.

You will want to start by making a list of all the holidays and special occasions you would like to include in the plan. It may help to grab a calendar and start going through the pages so you don’t leave anything out. Federal holidays, state holidays, religious holidays, other holidays, special occasions such as birthdays, school breaks and personal vacation time may all be included.

You shouldn’t feel bound by standard schedules. This is your child’s holiday visitation schedule and you can be creative and include any special occasions that you would like. If the start of hunting season is a weekend that your child would normally enjoy participating in, include it. If you always plan a camping trip with extended family the third week of August, include it.

Once you have established which days are going to comprise your schedule, you will need to decide what time each holiday begins and ends. It is not enough to simply say “Thanksgiving”. You will need to define what constitutes the Thanksgiving holiday. Do this for each holiday in your schedule.

The final part of creating your holiday custody arrangements will be to determine how you will divide the holidays. Some parents are fine with alternating the holidays in even and odd years, but don’t feel obligated to do so. You can access your family traditions and the needs of your child and make your arrangements accordingly. Your family may traditionally celebrate Christmas on Christmas Eve while the other parent typically celebrates it on Christmas Day. It is perfectly fine for a child to spend every Christmas Eve with one parent and Christmas Day with the other if both parents agree to it.

The important thing to remember is that the schedule should serve the best interests of your child and provide your child with equitable amounts of time with both parents to celebrate holidays and other special days. Get as much detail as you can in writing and you will find that the time you spend on this now will benefit you greatly in the long run.

Kelly Turner is an advocate for the custody rights of children. Kelly recommends parents use Custody X Change to create parenting plans and holidays custody arrangements that benefit their children.

Article Source: http://EzineArticles.com/?expert=Kelly_A_Turner
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