Nothing is more important to you than your children. That’s why you need an aggressive and compassionate attorney by your side when disputes about children arise.
While a voluntary agreement between the parties can settle some custody and visitation cases, contested cases require a judge’s decision. When determining legal custody, physical custody, and visitation, the most critical factor to consider is what is in “the best interests” of the children. “The best interests” of the child is a legal standard that focuses on the child’s health, welfare, and general well-being.
- “Legal custody” is a term used to identify the person or persons responsible for making legal decisions for the children, including medical, educational, and religious choices.
- “Physical custody” is distinct from legal custody and identifies the person or persons with whom the child will primarily reside.
- “Visitation” refers to the schedule set by agreement or by the court that defines what days and times the non-custodial parent will have time with the child.
Both legal and physical custody can be “sole” or “joint,” as explained in more detail below.
If the court awards a parent sole legal custody, it means that the parent has the authority to make all major decisions for the child. The court may grant one parent sole legal custody in many circumstances, including when:
- the other parent has denied access to the child
- parental alienation is an issue,
- the parents can’t agree on anything,
- or if one parent is unfit to make decisions.
Joint legal custody provides both parents with equal power to make parenting decisions. It doesn’t mean that the parents will always agree, but joint legal custodians have equal legal rights. Often judges will specify specific terms for joint legal custody, such as requiring parents to confer on major decisions and defining how parents will communicate. Even high-conflict cases can result in joint legal custody or a hybrid approach where one parent has final decision-making authority if the parties cannot agree.
The judge will also decide physical custody and visitation in contested cases. Sole or primary physical custody means that one parent has the majority of the time with the child, and the other parent has visitation rights. Visitation will usually include overnight stays at the non-custodial parent’s house on weekends, summers, and holidays. Awarding sole physical custody with no visitation is very rare. The courts do not like to sever a parent’s access to their children entirely. Even in situations where one parent is unfit due to mental health issues, addiction, or even abuse, a court may still award restricted visitation under supervision.
Sometimes the parties may be awarded a shared custody arrangement where the parents have equal time. As with many legal matters, much of the result can depend on a particular judge and the locality of the custody case. While most courts generally do not default to equal time-sharing, many judges will grant shared custody to involved parents.
Split custody involves a situation where the parents have more than one child. The children are split between two parents, with one child going primarily to one parent and another to the other parent. While this is relatively rare, as judges generally prefer to keep siblings together, it may be considered with teenage children based on school requirements or other considerations.
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Loudoun County, VA
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Oklahoma City, OK
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