Child Custody and Visitation

Custody

When you are getting a divorce, it is important to decide who will make legal decisions for your child(ren) and who the child(ren) will live with.

There are two types of custody:

  • Legal custody is the parent or parents that have the important task of making the important decisions of the child(ren’s) lives. For example, decisions of the health, care, education and welfare of the child(ren). Legal custody may be also be JOINT.
  • Physical custody is the parent or parents who the child(ren) will live with. Physical custody may be awarded to a parent as SOLE or JOINT custody

Visitation

Visitation, also referred to as “time- sharing” or “parenting time,” is how the plan for how much time parents will spend with their children.

Visitations are dependent on the best interests of the child(ren). Visitation orders are either agreed to by the parties or court-ordered. The orders can be very detailed or left at the discretion of the parties.

Parents should consult an attorney to discuss what visitation they think is best for their children given their unique circumstances.