Divorce Law - Custody And Visitation

When making decisions concerning custody and visitation, the most important thing to consider is the best interest of the child. In most cases, the parties to the divorce come to an agreement regarding custody and visitation. If they cannot reach an agreement, they could use a divorce mediator to try to come to an agreement. Some states require that a child custody mediator be used whenever the parties of a divorce are in dispute over custody or visitation issues. If an agreement cannot be reached, they may have to rely on a judge to determine custody and visitation.

There are two types of custody, legal and physical. Legal custody determines which parent will make decisions concerning the child's or children's health, safety, education, and welfare. Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care. One parent can make these decisions alone, which is known as sole legal custody, or both parents retain the right to make these decisions, known as joint legal custody. Joint legal custody means both parents should cooperate on decision-making, but that either parent has the power to make decisions alone. Sole legal custody means only one parent can make decisions and obtain information from the child's or children's school and doctor.

Physical custody determines where the child or children will reside. Sole physical custody means the child or children live with one parent and visit the other parent. Joint physical custody means the child or children reside with both parents. In the case of joint physical custody, if one parent will have the child more than half of the time, then that parent can be labeled the "primary custodial parent" for tax and other purposes.

When working out a visitation arrangement, it is important to consider several factors. The child's school schedule, social activities, extra curricular activities, vacation, and holidays are things that need to be considered. With an unsupervised visitation arrangement, the parent who does not have the child or children more than half of the time is entitled to visitation with the child or children. Visitation plans should be specific in order to avoid potential conflicts and eliminate confusion. In developing a specific visitation plan, keep in mind that it can be helpful to be specific about which weeks of the month the visits will occur to make the plan more enforceable. The pick-up and drop-off times should also be specific, such as Friday at 3:00 p.m. to Sunday at 6:00 p.m.

Supervised visitation is an option used when the child's or children's safety and well-being require that visits with the other parent be supervised by you, another adult, or a professional agency. The court may decide that one parent should receive no visitation with the child or children. This option is used in extreme situations in which contact with the parent would be physically or emotionally harmful to the child.

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