Child Custody and Visitation

One of the most important and difficult aspects of your case is addressing issues related to custody and visitation. When the parents can’t agree on either custody or a set schedule, emotions become unmanageable and it affects not just the relationship between the parents, but also the relationship between the children and parents.

Children are by far the single most critical area of focus as parents move through their divorce proceedings.

Child custody refers to the rights between parents regarding their children after a divorce a separation (separate maintenance) or paternity suit.

Often, the Court designates one parent as the primary physical custodian, or the person that the child stays with and gives the other parent temporary custody and visitation. The Court can also order joint legal and physical custody which is where both parents share equal access to the children.

The Court’s decision is based upon the child’s wishes, if the child is of a certain age, and if not then it is what the court considers to be the “best interest of the children.” Child custody is the most difficult juncture in the divorce process: do you go for primary custody, 50-50 custody or temporary custody?

In most cases a child will live primarily with one parent at one residence and get designated time with the other parent.

Basically there are two types of custody which are physical and legal.

Legal custody is a parent’s legal right and responsibility to make decisions for a minor child. It refers to decision making rights regarding the health, education and welfare of your child. In the majority of cases both parents retain legal custody unless there is a compelling reason. Even if a parent is not awarded physical custody, many times he or she will retain legal custody. This type of custody also comes in different forms as sole, primary, or joint custody.

Physical Custody

Physical custody is the most deliberated part of a child custody action. Specifically it refers to the amount of time each parent gets to spend with a child. More directly, it is where the child spends their time, which parent gets that time and what the specifics entail for that time. The decision of where the children live, or spend the majority of their time, limits the other parent’s time with the children. The parent that retains custody can receive child support. This is true even in joint custody.This type of custody may be sole, primary, or joint custody.

Why is it important to know and understand all of this? Because it effects how your relationship with your child will progress if it is handled correctly. We stay informed of current research to better asist you in your situation. The issues involved can be stressful and the prospect of losing your child can be frightening.

With The Future of your children at stake trust us to help you through this process!