Child Custody and Visitation Types

Child custody is not as simple as the media makes it out to be, and custody disputes do not simply result in awarding custody of the child to the mother. In situations where the parents are divorced, single, or live far from each other, things get more complicated. This is why many parents considering divorce choose to retain a child custody attorney who can help them navigate any legal entanglements and fight to retain custody of their child.

Most state laws define custody as one or both parents having responsibility for the welfare of the child. Physical custody is what people often think of when they talk about custody. This refers to where a child lives on a daily basis, which can be given to one or both parents. Legal custody is a related matter and refers to the right to make important decisions about a child, such as education and health care.

Each state has its own laws on family matters, including child custody. Contrary to popular belief, family courts do not favor one parent over another because of a parent’s gender, and the court does not impose one form of custody over another. There are several types of custody and visitation privileges available in most child custody situations, described below:

Joint Physical Custody
In cases where a judge awards joint legal custody, the child is essentially divided between both parents. The child can live with each parent for a set period of time, allowing the child to spend equal time with both parents. Joint legal custody should not be confused with situations where one parent has custody but grants visitation rights to the other. This form of child custody is best suited for parents who can overcome their differences and make decisions together in the best interest of the child.

Joint Legal Custody
Judges do not give preference to either parent when it comes to making decisions in the best interest of the child. However, in certain situations, the court may grant one parent the power to make certain decisions for the child, depending on various factors. This type of custody should not be confused with joint physical custody, in which the child is given equal time with each parent. Instead, joint legal custody is based on the parents’ desire to make joint decisions regarding the child. “Joint custody” is another term that can refer to both joint legal custody and joint physical custody and the term is often used interchangeably.

sole custody
A court can hold a parent responsible for major decisions in the child’s life, which may include education, health care, religion, and general welfare. This does not mean that both parents cannot make decisions together; however, the judge generally awards sole custody in situations where it would cause too much conflict to do so, such as situations where domestic violence has occurred. Under the law, the parent who has custody of the child (the one with sole custody) can make decisions for her, even if he goes against the wishes of the other parent.

Visitation
Visitation generally refers to the noncustodial parent’s ability to have “parenting time.” Even though the child may live with the custodial parent, she may still interact with the other parent for a set period of time previously defined by the court. This largely depends on the unique facts behind each family’s situation. When a judge determines this time period, he or she will consider the parent’s work schedules, the child’s safety, previous child care history, school locations, as well as parent/child preference when deciding visitation times. However, even if the child is allowed extended visitation time with one parent, this does not mean that the parent retains any custody level.

supervised visit
When determining visitation, there are many situations in which the safety of the child or custodial parent is a concern for the judge. This is common in domestic violence cases, where the child should not be left alone with the abuser. In order for the judge to grant supervised visitation, the custodial parent must prove why it is necessary. The specific facts behind each situation will also decide the duration and frequency of supervised visits.

Also, parents are not required to file for custody or visitation of their children in court. For some parents, involving the court system can add additional stress or financial burden. If the parents are on friendly terms, they can come to an informal decision regarding custody or visitation of their child. However, if there is the possibility of a future dispute over custody or visitation arrangements, the parents can still go to court to resolve the issue.

There is no perfect solution to address the issue of child custody when it comes to divorce or separation. Similar to the logic behind court decisions regarding child custody, parents addressing this issue must prioritize the option that would allow the child to live a healthy lifestyle. This may mean one parent retaining sole custody or having joint legal custody of the child. Regardless of what you ultimately decide, remember that your child will experience much of the impact of the child custody decision.