Child Custody
Child Custody
There are two types of custody: Legal custody: who makes important decisions for your children (like health care, education, welfare). Physical custody: who your children live with most of the time. The most important factor to the Court in determining child custody is the best interests of the child(ren) involved. If the children are well adjusted in their situation the Court is unlikely to modify the status quo without good cause. Upon the filing of a dissolution and without an agreement or entry of Order by the Court the custodial arrangement is automatically deemed “joint custody.” Joint custody means that each parent takes care of the child consistent with the children’s best interest during that parent’s visitation time. Both parents have equal say in decisions affecting the child’s health, education and welfare.
Visitation
Parenting time or visitation orders arise when one parent is awarded sole physical custody. The order is meant to ensure the non-custodial parent and the child spend sufficient amounts of time with each other. For example, the court may decide it is better for the child to live with one parent for stability purposes. However, they order the child to spend every other weekend with the other parent. This is intended to ensure a sustained relationship between the non-custodial parent and the child. Parties must decide on a visitation schedule. If parties are unable to come to an agreement the Court will decide the visitation arrangement.