Custody-Visitation Case

1250 Words5 Pages
Custody and visitation cases possess a level of uniqueness rarely seen in the family court system because practically, every other case disputed in court is argued by looking at the past with means of reenacting undecided facts. However, in a custody and visitation case the court makes future predictions concerning the welfare of the child, with means of determining which parent is better fit to have custody. The best interest factor is defined by The Child Welfare Information Gateway as the “deliberation that courts undertake when deciding what type of services, actions, and orders will best serve a child as well as who is best suited to take care of a child”. These types of cases hold a lot of weight in the family court system because they…show more content…
As mentioned before, there is no prima facie right to custody of the child. Meaning that no parent has more rights than the other over the child and both parent can be awarded custody of the same. When determining the best interest of the child in a custody and visitation case, the court looks at a variety of factors. Sara Schechter lists the following factors: Basic parenting skills, physical and mental health of parents, morality and lifestyle of parents, religion, keeping siblings together, relationship among parents, and the child’s…show more content…
In order to know the child’s wishes, the court employs a variety of methods. For example, an attorney from the 18b Panel or from a non-profit agency can be assigned as the child’s counsel. The attorney assigned to the case has to conduct a series of interviews with the child and sometimes with the parents. As an intern at the Children’s Law Center (CLC), a non-profit law firm that represents children in court, I have the opportunity to see these cases regularly. The interviews are like the meat and potatoes of CLC because it serves as an opportunity to truly understand what the child wants. Moreover, the court might also request an “in-camera” interview with the child. In an “in-camera” interview, the judge or referee privately interviews the child long with the child’s
Open Document