What is child custody and visitation?
“Child custody” refers to which parent will have legal custody of the child(ren), i.e. with whom the child(ren) will live. “Visitation” is the topic of the non-custodial parent’s ability to visit/spend time with the child(ren). The court may award custody to either parent, regardless of sex, subject to the best interests of the child. In determining the child’s best interests, the court shall consider certain factors.
In a divorce or paternity action, the court has jurisdiction to make orders regarding with whom a child shall live and how much time each parent will spend with the child. This is usually the most difficult part of any separation of a family. The courts encourage parents to work out these issues on their own, as you are the ones that know the child best and should be determining what is in the child’s best interest. However, if you are unable to work out a plan for the custody and visitation of your child(ren), then the court will make orders and determine whether a parent shall have joint or sole legal custody and/or primary physical custody.
