Child Custody Law Firm

Custody is generally divided into two primary categories: legal custody and physical custody.

Legal custody refers to the right to make major decisions about a child’s upbringing, including their education, medical care, religious training, and who gets to visit with the child.

Physical custody refers to where the child lives and who is responsible for their day-to-day care.

From these two categories, several custody arrangements can arise.

Temporary custody determines where the child lives and how parenting time is handled while a divorce or custody case is pending; this is sometimes called pendente lite. These arrangements remain in effect until the court enters a final custody order, or the parents reach a permanent agreement that will be entered as an order.

Joint legal custody allows both parents to share decision-making authority regarding the child’s health, education, and general welfare. This is generally 50/50, so disagreements can result in a stalemate.

Sole legal custody gives one parent exclusive authority to make major decisions affecting the child. This arrangement is typically ordered when one parent has shown that joint decision-making is not feasible or would negatively impact the child.

Primary physical custody means the child primarily lives with one parent. The other parent may still have visitation or parenting time, depending on the circumstances. This is also what is used to determine where the child will go to school.

Shared custody involves more balanced parenting time between both parents. Shared custody does not necessarily require an exact 50/50 division of time. Instead, schedules are tailored to reflect the child’s needs, the parents’ work obligations, the proximity of households, and the child’s school and activity schedule. Even in shared custody situations, there is still a primary parent for purposes of school districting.

Custody can only be determined by court order. While the courts will generally encourage parents to work together to make custody decisions, the court will always have the final say in what is put in an order based on the best interests of the child.

The best interests of the child standard is the guiding principle courts use when making decisions about custody and visitation. Before determining custody, courts evaluate a wide range of factors designed to assess what arrangement will best serve the child’s needs and overall welfare.

When making custody decisions, the court will consider factors such as:

• The child’s age and physical, emotional, and developmental needs
• Each parent’s physical and mental health
• The existing relationship between the child and each parent
• Each parent’s role in caregiving and daily responsibilities
• Each parent’s ability to support the child’s relationship with the other parent
• Each parent’s willingness to cooperate and resolve disputes
• The child’s reasonable preferences, depending on age and maturity
• Any history of domestic violence, abuse, or neglect

Ultimately, custody decisions depend heavily on clear and convincing evidence. Having the guidance and advice of an experienced child custody lawyer helps ensure your voice is heard, and the court receives a clear, complete picture of what arrangement truly serves your child’s best interests.

Visitation, also referred to as parenting time, establishes when each parent spends time with the child. Courts apply the same best-interest factors when determining visitation schedules.

Visitation arrangements can vary based on factors such as parents’ work schedules, the distance between parents, school schedules, and the child’s specific needs. In some cases, courts may approve equal or near-equal parenting time if circumstances allow. Conversely, courts may restrict or limit visitation if there is credible evidence that a parent poses a risk to the child’s safety or if the distance between the parents is too great.

Courts will issue emergency custody orders when there is an immediate threat to a child’s safety, such as situations involving abuse, neglect, abandonment, or other serious risks. Temporary orders require prompt legal action and remain in effect until more formal hearings are scheduled.

A guardian ad litem (GAL) is an independent advocate appointed by the court to represent only the child’s best interests. A GAL is not involved in all custody disputes but may be appointed in situations involving high conflict, allegations of abuse or neglect, or concerns about a child’s safety or emotional well-being. The GAL typically investigates the family circumstances, interviews relevant parties, and provides the court with an impartial recommendation focused solely on the child’s welfare.