"Boilerplate" is a term that is often used in law to mean something that it common or typical, whether pertaining to a process, contract or other matter. Certain agreements are seen as boilerplate when they contain provisions that are standard, essentially unchanging and apply equally to most people in most cases.

As we have noted previously in our blog posts, the divorce process is anything but boilerplate in most instances. Each divorce customarily features very couple-specific issues and a number of considerations that are highly variable.

Child custody and visitation matters certainly drive home that point. Children are unique, child-parent relationships are unique, and each child's best interests are determined only through a close and careful look at many considerations. Because of the human element attached so centrally to children, custody often has the propensity to become contentious or a source of some strain in a divorce proceeding.

That has been well demonstrated recently by the very public custody/visitation dispute being played out in a Chicago court between professional basketball player Dwyane Wade and his ex-wife, Siohvaughn Wade. Dwyane Wade seeks custody of his two young sons, saying that he would be amenable to equitable visitation rights for Siohvaughn Wade.

Wade's former spouse was originally granted custody rights to the children, but Wade filed a petition in July to revisit that, claiming that Siohvaughn Wade unreasonably interfered with his visitation rights. He stated in the custody hearing that he had been denied agreed-upon visits with the children on many occasions over a number of months.

Wade spent two full days testifying in court. In addition to his testimony regarding custody and visitation, he also stated that he regretted not acting more proactively during the course of the couple's marriage to resolve differences.

"I take a lot of responsibility," he said. "I would have taken it a different way. I would have sought professional help."

The court hearing is still ongoing.

Related Resource: www.google.com "Wade testifies in custody battle, says he wishes he'd sought help before marriage dissolved" October 19, 2010