US CHILD CUSTODY & VISITATION

Child custody typically refers to which parent a child will reside with following a divorce. Custody infers taking responsibility for a child including the right to make all major decisions such as education, religious upbringing, training, health and welfare.

Establishing child custody and visitation arrangements in a divorce or other separation is often the most difficult challenge parents must face. Either parent has the right to request child custody, while the court will try to determine what is in the "best interests of the child".

WHAT DOES BEST INTERESTS OF THE CHILD MEAN?

This phrase governs all aspects of child custody and visitation. Determining what the best interests of a child are depends upon many factors, including the:

• Child's age, gender, mental and physical health
• Health of parents
• Lifestyle and other social factors of parents
• Love and emotional ties between parent and child
• Parents ability to provide food, shelter, clothing and medical care
• Quality of schools in a given locale
• Child's preference, if child is over 12
• Ability & willingness of the parent to foster a healthy relationship
• Stability of the environment

Who your child lives with after a divorce can be a very emotional issue, especially when both parents want physical custody. Although courts have historically favoured mothers over fathers in child custody cases, either parent has the right to request custody and the non-custodial parent has the right to request regular, scheduled visitations.

TYPES OF CHILD CUSTODY

Legal Custody is the right and responsibility to make decisions about the rearing of the child. This includes issues like education, religion, medical care and discipline.

Physical Custody is the right of a parent to have a child live with him or her. Courts will award legal and physical custody of a child to either one parent (sole custody) or both parents (joint custody).

When joint custody is allowed - for example, with the child living with one parent during the school year, for example, and living with the other during the summer - the welfare and well-being of the child will be central to the decision.

The court will take all arguments into account and weigh any extenuating circumstances, such as physical abuse or substance addiction, when determining which parent the child should reside with and how visitations are handled.

CHILD VISITATION RIGHTS

The parent who does not have physical custody of the child is usually given "reasonable visitation" rights with the child. Visitation rights allow the non-custodial parent (the person without child custody) time to spend with their child. Child visitation schedules can be set either by the court or left to the parents to agree upon.

Child custody and visitation agreements can be modified with the consent of both parents or by the Court. Anything can be changed as long as it is consistent with the best interests of the child. Typical justifications for an alteration in child custody or visitation are:

Relocation: Some states allow parents with physical custody to relocate no matter what distance is involved.

Substantial change in circumstances: Anything significant that disrupts the stability of the child's life ( i.e. parent's loss of job, relocation, illness) may warrant modification.

Change in lifestyle: Modification may be justified if substantial changes in a parent's lifestyle threaten or harm the child.

If you are looking to establish or modify child custody or visitation, it is generally wise to consult with a lawyer. A lawyer has experience dealing with the complicated court system and can work to protect your relationship with the child.