Find a Custody & Visitation Lawyer Continued…

Unless there are special circumstances to consider—such as a parent's previous history of child or substance abuse, the mental and physical health of the individuals involved—the court usually allows parents to split custody and visitation rights equally. However, under the constraints of school and work arrangements, it is often difficult to split a child and a parent's time equally. Thus, it is typical for one parent to have a child live with him or her during the workweek and the other parent to have the child on the weekend. State courts are the primary jurisdiction over family law matters. Most state courts decree that both parents are entitled to equal access to documents concerning the child's educational progress and medical records, regardless of whether the parents have joint legal custody or one parent has sole legal custody. Legal sanctions can be imposed where one parent tries to hinder the other parent from access to records. Child support laws are separate from other matters; thus, in some states, whether a parent's child support payments are in arrears will have no impact on visitation rights. Parents seeking modification to existing custody or visitation orders may file a request for modification but are required to show there has been a substantial and continuing change of circumstances that will have an adverse effect on the child if the court does not allow the requested modification. A parent moving to another state or the advent of a parent's drug or alcohol abuse are examples of changes that may have adverse effects on the child. By Kathleen Goolsby