Find a Custody & Visitation Lawyer

Child custody law and visitation rights fall under the broader category of family law. Typically, whatever court handles the divorce proceedings for the parents of the child also determines the child custody and visitation rights. There are four legal terms or designations regarding custody. Custody rights are divided between physical custody (which is the right of a parent to spend time living with the child) and legal custody (which is the parental right to make major decisions regarding the health, welfare and education of the child). Legal custody can be awarded to one parent (referred to as sole legal custody), in which case the designated parent is not required to consult the other parent before making decisions. It can also be awarded to both parents (referred to as joint legal custody); in this scenario, both parents participate in the decision-making process. Within the physical custody determination, the court will designate one parent as the custodial parent (sometimes also referred to as the “primary residential parent”). The other becomes the non-custodial parent. A non-custodial parent has access to the child according to a visitation schedule agreed to by the parents and ordered by the court. Visitation rights generally depend on the age of the child and the facts of the case. Typical visitation patterns are every other weekend, alternating holidays and several weeks during the summer. Continued... By Kathleen Goolsby