By Rachmiel Tobesman Visitation, the rights of the noncustodial parents to see and interact with their children, is one of the most overlooked, underdeveloped and ill-considered portions of custody orders and divorce decrees. The family lawyer must be skilled in the drafting of any order and the art of adapting them to the particular situations of the parties and the needs of children.
Visitation establishes the nature of post-divorce family relationships.
Visitation rights arc defined by the best interests of the child standard familiar to custody cases. However, in applying the standard, unfortunately, the courts commonly miss the target, and the child of divorce often is the main casualty on the emotional battlefield of warring parents. Divorce and separation disrupt and shatter the world of children. The anger, frustration and bitterness of the family breakup inevitably affect the relationship between the noncustodial parents and the children, who still need both parents. Children thrive when they experience the love and guidance of their parents, but, alas, the child's voice rarely is heard amid the din of a custody battle.