Child Custody and Visitation

How Time With Your Child(ren) is Decided in a Divorce

One of the biggest and often most difficult issues in a divorce is the custody of a child. The court makes the judgment based on what it believes will be in the best interest of the child, regardless of whether the parents agree with the decision.

That’s not to say that the court doesn’t consider the parents’ opinions – quite the contrary. The courts will consider a variety of factors when making this decision, including the child’s age and gender, the parents’ ability to care for the child, the parents’ lifestyles and work schedules, the financial situation of both parents and of course, what arrangement would cause the least disruption to the child. The courts also often allow the child to express his or her own opinion after a certain age and will take this request into consideration as well.

In general, there are two types of custody :

  • Physical Custody – the child actually resides in your home
  • Legal Custody – you have the right to make decisions regarding education, medical care and other important factors that affect the child’s life

Each of these two types of custody can be awarded jointly, meaning equally shared by both parents, or as sole custody, meaning one parent has the right and the other does not. [read more...]

Visitation

Visitation, the right of a non-custodial parent to have contact with his or her child, is a concept that you will often hear in the same sentence as custody. Visitation rights have come a long way from the traditional occasional weekend and a week in the summer. Today, courts look favorably on allowing both parents to play an active role in the child’s life and try to create a visitation schedule that will be most beneficial to the child.

More articles on custody and visitation below…

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Custody & Visitation Articles

Shared Physical Custody

Equal Parenting Time for Both Mom and Dad: Shared physical custody (sometimes referred to as “equal custody” or “joint custody”) of children after a divorce has become more and more common over the last ten years or so. Still, joint physical custody is not generally the court’s default or most commonly-ordered custody determination.

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Modifying a Custody Order

After a divorce or paternity case has been resolved, the final judgment is generally non-modifiable. Two major exceptions exist to this general rule however. The family court retains jurisdiction to modify the child support order and the child custody order until the child reaches the age of majority or is otherwise emancipated. The court can [...]

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Child Custody Court Forms by State

A state-by-state listing of child custody and visitation forms. Links to local government websites.

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The Rights of Grandparents

What You Need to Know About Grandparent and Caretaker Visitation If you are a grandparent or caretaker of a child, you may be faced with a challenge to your right to see that child at some time in the future. This often happens when the child’s parents divorce or when one parent dies and the [...]

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The Hague Convention

What You Need To Know About International Custody Disputes.

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Custodial Interference

Obstruction of a parent’s rightful custody of a child. What does custodial interference mean? How do you bring or defend against charges?

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Obtaining Custody of a Non-Biological Child

A party may still obtain custody of a child or visitation with a child that he/she is not biologically related to if that party qualifies as a “Presumed Parent ” under California Family Code section 7611. This code section requires that the party seeking presumed parent status (1) has taken the child into his/her home [...]

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Custody Evaluation Tips

Promote Yourself But Don’t Ignore The Other Parent

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What Happens When The Custodial Parent Moves Away?

How a “Move Away” Can Affect Your Custody Rights

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Types of Child Custody

How Divorce Can Affect Your Relationship With Your Child

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Who Gets Custody?

Why Aren’t You Guaranteed Custody of Your Children?

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Book Review: Your Right to Child Custody, Visitation and Support

The Easy Guide to Custody, Support and Visitation Rights

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Parental Alienation

How One Parent Can Turn a Child Against the Other Parent

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