For parents going through a divorce, child custody and visitation issues are often some of the most difficult decisions they face. Emotions tend to run high, and all parties involved must work hard to sort through questions and conflicts to make sure the best interests of the child are considered.

During this stressful time, it can be helpful to understand the most common issues you will face, so that you can be better prepared to work with your co-parent in developing the best plan for your child. The following guide goes over several terms you need to familiarize yourself with to help demystify child custody laws.

Types of Custody

There are two types of custody in the eyes of the law. Legal custody refers to who has the right to make major decisions on behalf of the child regarding education, health care, and religion, etc. Physical custody refers to who the child lives with and who takes care of them on a daily basis. Legal and physical custody may be shared by both parents (joint custody) or granted mainly to one parent (sole custody).

Sole physical custody is often easier logistically for both parents and children, especially during the school year so they don’t have to move belongings between two homes. However, many families prefer joint custody to avoid the emotional distress of being separated for significant amounts of time.

Visitation Rights and Schedules

To ensure the child maintains a meaningful relationship with both parents, most custody arrangements include visitation schedules. The most common schedules are either fixed (i.e., occurring on specific days and times) or flexible (i.e., dependent on the needs and schedules of both parents and the child). In cases where there are any questions or concerns about the safety or welfare of the child with a parent, the court may also require visits to be supervised.

Factors That Influence Custody Decisions

When the family court is considering the best interests of the child, several factors come into play. Above all else, the court wants to ensure a healthy, stable, and safe living environment for the child. Each parent should: 

• Have a safe, clean, comfortable home for the child
• Be able to provide for the child’s basic needs, including food, shelter, clothing, transportation, medical care, and school supplies
• Maintain physical and mental health
• Be involved in the child’s activities and education
• Cooperate and communicate well with the co-parent when it comes to the child’s needs

In some cases, when the children are older, the court might also take their preferences into account when making custody decisions.

Get Help With Your Child Custody Case

With something as important as the care of your child, it’s important to have support from experts. For instance, sometimes custody agreements need to be modified, or you might need to go to court to enforce the terms of the custody agreement. If you need help with your custody case, schedule a free, no-obligation consultation with the family law group at Lonich Patton Ehrlich Policastri. Let our team help protect your rights and protect your child’s best interests.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.