Legal News / Law Offices of Donald Witmyer P.A.

The Law Office of Donald Witmyer, P. A. Tackles the Legal Issue of Child Custody During the Divorce Process

Via: ReleaseWire

Updated 11:11 AM CDT, Fri, May 01,2015

As the legal process of divorce takes its course, the issue of child custody should at the same time be focused on. As stated in the common statutory provisions when it comes to child custody is that a child born to a couple in the context of marriage, both parents would have equal rights and guardianship even after the separation takes place.

Destin, FL -- (ReleaseWire) -- 05/01/2015 -- Couples would sometimes decide to end the marriage because of certain complexities and problems that could no longer be resolved, and the only probable solution is to file for a divorce. Divorce is actually the legal process of terminating the marital union and the dissolution of both parties' legal duties and responsibilities to the marriage.

Some may be confused with the idea of divorce and annulment. Annulment is the legal declaration of the marriage to be null and void; while in divorce, it is retroactive and considers the marriage to be invalid from the very start as though the marital union has never existed and taken place.

According to an outstanding Niceville Divorce Lawyer, when a family faces this kind of legal battle, the couple isn't the only ones affected by this dilemma; the children are also seriously affected emotionally and psychologically. This is something that the couple should anticipate before they actually file for the divorce because when they separate legally, the next question would be who would take legal custody of the children especially those who are still minors?

As the legal process of divorce takes its course, the issue of child custody should at the same time be focused on. As stated in the common statutory provisions when it comes to child custody is that a child born to a couple in the context of marriage, both parents would have equal rights and guardianship even after the separation takes place.

In this instance that the divorce has already been finalized, the decisions involving the residence where the child would have to stay would be based on the court's decision. Parenting schedules which previously referred to as the custody and visitation rights would be based on what is most beneficial for the child. Changing the terminology to "Parenting schedules" eliminates the wrong implication about who gets the custody and who does not.

When the court decides to award the custodial rights to one parent, the non-custodial parent still has the legal right to see and visit the child unless under extraordinary circumstances; in some cases visitation rights may also be withdrawn by the court if the child will be put to certain risks and affect his best interest and welfare. When the child has been physically, mentally or psychologically abused in the past by the non-custodial parent or if the parent is suffering from a mental disorder or any form of substance dependence that may affect the child; then the court would make a decision to deny visitation rights. But, in some instances that the non-custodial parent is incarcerated or has a prison record for committing a felony, this is not a reason for the court to deny visitation because the parent has an important role in the child's growth and development. But when a parent is denied custody and visitation rights and has violated the provisions or refuses to follow the court order, then the parent will be charged with contempt of court.

Basically, child custody should always be based on the fact and conditions that would most benefit the child making sure that all his or her needs are met and that the parents awarded with the custody should constantly provide a safe and secured environment.

About Donald Witmyer, P. A. Law Office
The Law Office of Donald Witmyer, P. A., located in Destin, Florida; provides legal services and assistance in cases such as High-Asset Divorce, Child Custody, Division of Marital or Conjugal Assets, Alimony as well as representation of clients dealing with felony charges and others.

Attorney Donald Witmyer is a very dedicated lawyer whose primary objective is to serve people with legal needs and issues. He became a licensed lawyer in 1996 and from that time until the present he has been consistently representing people in court as they face their legal battles in court. He decided to put up and open his own law firm to be able to help families get through the difficulties of a divorce as he is known to be an exceptional Niceville divorce lawyer. He too has very exceptional knowledge about the complexities of criminal defense, military law, and family law. Providing legal services to his community in Niceville is one of his endeavors as well.

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