Child custody and visitation laws differ from state to state, but the ability to financially support a child or children is one consideration that is sure to be a major factor in awarding custody. But because of the emotional component involved, child custody is one of the more ticklish issues in a divorce. In an ideal world, divorcing parents would agree on how to best serve the interests of the child or children by coming up with an agreement without letting ego, pride, self-interest or sheer orneriness coming into play. Unfortunately, that does not usually happen.
There is generally one parent who is the de facto primary caregiver and would be in the best position to have physical custody of the child or children, while the other parent is given visitation rights. In some instances, however, financial constraints can make it difficult for the primary caregiver to prove that having legal custody of the offspring is in their best interests. In these difficult times of high unemployment, many workers tolerate labor law violations such as unpaid overtime to avoid losing their jobs. Consequently, there is a significant reduction in income, which can make it difficult to make ends meet. If you believe you are a victim of unpaid overtime, contact an overtime lawyer today to discuss your options.
According to the website of the Law Offices of Baden V. Mansfield in Manhattan Beach, this can change the circumstances of the custodial parent and open the way for the non-custodial parent to seek custody. This is an issue that may not be easy to resolve, especially if there are other issues involved which bars the way to a mutually agreeable arrangement. A highly complex set of laws will have to be drawn upon in such situations, and that is no piece of cake. It would need the expertise and knowledge of a child custody and visitation rights lawyer practicing in the area to ensure that the rights of the client parent as well as the offspring is protected in light of financial constraints.