Child Custody & Visitation
What is the difference between legal and physical custody?
- Legal custody means the right and responsibility of making decisions relating to the child's health,
welfare, education, and religious activities. Some examples of the decisions or choices parents with legal custody make are:
The law says that judges must give custody according to what is in the "best interest of the child." Judges look at the children's health, safety and wellbeing to decide
whether to give custody to one or both parents. Courts also consider any history of abuse by one or both of the parents.
Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny your right to custody or visitation just because you were never
married to the other parent, or because you or the other parent has a physical disability, or a different lifestyle, religious belief or sexual orientation.
• school or child care
• religious activities or institutions
• psychiatric, psychological, or other mental health counseling or therapy needs
• doctor, dentist, orthodontist, or other health professional (except in emergency situations)
• sports, summer camp, vacation, or extracurricular activities
• travel and where to live
-Physical custody means the parent who has the right to provide the "day-to-day" care for the child. Essentially, who
your child will live with.
In most child custody situations the child will live with the parent who has physical custody. Most modern custody arrangements give physical
custody to one parent (called the "custodial" parent) and grant visitation rights and shared "legal custody" to the non-custodial parent.Typically,
visitation rights give the non-custodial parent exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during summer vacations.
NOTE: Sometimes, a judge gives parents joint legal custody, but not joint physical custody. This means both parents have share the responsibility in making important
decisions in the children's lives. But, the children live with one parent most of the time. The parent who does not have physical custody usually has visitation with the children.
What does the law consider when deciding custody and visitation?
What is "the best interest of the child"?
It is what judges must consider to make their decisions about custody and visitation. To decide what is best for a child, the
court will consider:
• the age of the child
• the health of the child
• the emotional ties between the parents and the child
• the ability of the parents to care for the child
• history of family violence and/or substance abuse
• the child's ties to school, home, and his or her community
Can a custody and visitation order be changed?
How to Change Visitation in a Divorce