Defining Child Custody
Child custody refers to the legal guardianship a parent has over a child.
Physical Custody
Physical child custody is the agreement that outlines where a child physically resides after a divorce or separation. Parents can share physical custody, or it can go to only one parent.
Legal Custody
Legal custody refers to a parent's decision-making authority. These decisions impact the child's upbringing, such as education, religion, and medical care. Like physical custody, legal custody can go to only one parent, or it can be shared by both.
Factors Courts Consider in Child Custody Cases
The child's best interest is always the paramount concern.
Determining the child’s best interests accounts for:
- The child’s age
- The health of parents and children
- The child's established living pattern
- Emotional ties between parents and children
- The parent's ability to provide a stable environment
- Each parent's ability to provide for the child's physical, emotional, and educational needs
Defining Visitation Rights
Visitation refers to the non-custodial parent's right to spend time with their child. These rights typically apply when one parent has sole custody.
Visitation allows the child to maintain a relationship with both parents, which is generally considered to be in the child's best interest.
During visitation, parents typically see their children on specific days for designated time periods. Parents can be alone with their children during these visits, but they are expected to return the child on time. Technically, visitation should not include an overnight stay. Any overnight time generally qualifies as partial custody.
Types of Visitation
Visitation can be classified into two types: supervised and unsupervised.
Supervised visitation requires the presence of an authorized adult or agency. Courts typically order supervised visitation when the child's safety and well-being demand it.
Unsupervised visitation does not require a third party's presence. It is common in cases where parents can amicably negotiate visitation terms.
Factors Courts Consider when Granting Visitation Rights
When granting visitation rights, courts look at several factors, such as:
- The safety and welfare of the child
- The relationship between the child and the parent
When there's a history of domestic violence or abuse, the court may order supervised visitation, or it may deny visitation rights altogether.
Key Differences between Custody and Visitation
Decision-Making Rights
In a custody arrangement, parents have the right to make significant decisions about the child's upbringing. A parent with visitation rights, who has no legal custody, can spend time with the child, but they do not have the same level of decision-making authority.
Time Spent with the Child
The amount of time a parent spends with the child also differs in custody and visitation arrangements. A custodial parent typically spends more time with the child. A parent with visitation rights has specific times set aside for them to be with the child. Parents can agree on visitation times, or the court can order them.
Legal Implications
Courts take both visitation and custody rights very seriously.
Violating either order can lead to serious consequences, including:
- Fines
- Jail time
- Loss of custody or visitation rights
These penalties apply to a parent who misses custody or visitation appointments, but they also apply to a parent who blocks custody or visitation.
Navigating Custody and Visitation Agreements
Creating a Parenting Plan
A parenting plan outlines how parents will raise their child after a divorce or separation. It includes details about the child's schedule, decision-making responsibilities, and how to resolve disputes. A well-thought-out parenting plan can provide stability and consistency for the child. This stability is particularly important during the upheaval this time creates.
Mediation and Negotiation
These processes allow parents to work out their differences and create an agreement that serves the best interests of the child. Mediation involves a neutral third party who helps facilitate discussion and negotiation. Negotiation can occur directly between the parents.
Legal Assistance
Legal representation is crucial in custody and visitation cases. A knowledgeable attorney can guide you through the legal process, help you understand your rights, and advocate for both you and your child’s interests. Whether you're negotiating a custody agreement or enforcing visitation rights, having a skilled lawyer by your side can make greatly impact the outcome of your case.
Impact of Custody and Visitation on the Child
Emotional and Psychological Impact
Custody and visitation arrangements can have a profound emotional and psychological impact on a child. When parents go their separate ways, the transition can be challenging. Children may experience a range of emotions, including sadness, anger, confusion, and anxiety.
Parents must provide emotional support during this time. They must reassure their child that both parents will continue to love and care for them, regardless of the changes.
Maintaining Relationships
Maintaining relationships with both parents is crucial for a child's well-being. Whether through custody or visitation, regular contact with each can maintain a sense of stability and security for the child. Both parents should encourage these relationships and make sure their child feels loved and supported.
Adjusting to New Arrangements
Adjusting to new custody and visitation arrangements can be challenging for children. Parents can help ease this transition through open communication, reassurance, and consistent routines. It also helps to encourage children to express their feelings and concerns about the new arrangements.
McIntyre Tate LLP can help you create a parenting plan that benefits the children, and we can represent you in court if negotiations fail. You can reach us by calling (401) 351-7700 or contacting us online.