Child Custody and Visitation

Child custody and visitation is one of the most difficult aspects of getting divorced, especially if one parent wants sole legal custody. Couples frequently come to an agreement pertaining to this issue and sometimes the court decides for them.

In order for a court to grant custody, the court must find that the custodian is a fit and proper person and that custody with that person is in the best interest of the children.

Physical custody is the right and obligation of a parent to have his child live with him. Legal custody is the right and obligation to make decisions about a child's upbringing, including school and medical care. Usually the parents share in legal custody of a child.

Divorcing parents face many options pertaining to the division of these rights and responsibilities. Some solutions are:

Sole custody - An arrangement in which one parent has both physical and legal custody of a child and the other parent has visitation.

Split custody - This pertains to a custody arrangement with multiple children involved. One parent will be awarded custody of one child while the other parent is awarded custody of another child. The courts do not favor this resolution as they are usually reluctant to split up the children.

Joint custody - An arrangement in which parents who do not reside together share in the upbringing of the children. This means the children spend a significant amount of time with each parent and the parents share in the decision making pertaining to the children.

If custody is contested, many courts make a decision on a custody arrangement by the best interest of the children, including their age and the closeness to the parent who has been their primary caretaker, the physical capability of the parent as well as their mental health, whether or not there is an issue of domestic violence and, depending on the children's age, what the children's wishes may be and the purpose for their wish.

Visitation is the right to see a child on a regular basis, generally given to the parent who does not have physical custody of the child. Visitation plans should be specific so as to avoid any possible conflicts and avoid confusion.

Supervised visitation is an alternative used when a child's safety and well-being require visits with the other parent be supervised by you, another adult or a professional agency.

Custody and visitation schedules are always subject to change when circumstances affecting the child's best interests change significantly. Once the conflict of custody and a visitation schedule is settled, there are certain policies that must be followed in order to modify the arrangement.

A visitation schedule depends on the child's age and whether there is somewhere for the child to sleep during the overnight visits. A typical arrangement, depending on the child's age, consists of every other weekend usually from Friday through Sunday, one evening each week and every other holiday.

Seek advice from one of our experienced family law attorneys to assist you with the best interests of both you and your children.