Child Custody Rights and Visitation

A divorce brings up many difficult issues that need to be sorted through but probably none more emotional and difficult than the subject of child custody. 

Child custody is a term used to describe the relationship between a child and his/her parent in a legal and custodial sense. It describes the right of the parent to make decisions on the child's behalf as well as the responsibility that the parent bears for the welfare of the child.

In addition child custody can be broken down into a couple different aspects or legal definitions. They are; physical custody, and legal custody. Legal custody means that you have the responsibility of making decision for the child's health, moral views, religion, overall welfare, etc... Legal custody is most often split between both parents (exception: 1 parent is not fit). Physical custody refers to the living arrangements of the child which can also be considered joint (joint physical custody). In a joint physical custody situation the living schedule of the child would be arranged and agreed upon by both parents and must be approved by the courts.

If you don't have any physical custody of your child then you are limited to a visitation schedule that is subject to the parent with physical custody. The visitation schedule will also have to be approved by the court.

As you can see custody is a very serious issue and one that shouldn't be taken lightly as you begin to seek a divorce from your spouse. That's why it's highly critical that you discuss these issues with a qualified local divorce lawyer. 

Discussing these issues is free and there is no obligation at all.

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