CUSTODY AND VISITATION
The judge may give custody to one or
both parents, or, in some cases, to another
adult based on the best interests of the
child. Considerations include the child's
health, safety and welfare, as well as
any history of abuse by one parent. If
custody is awarded to a non-parent, however,
the judge would have to believe that giving
custody to either parent would be detrimental
or harmful to the children.
* Joint legal custody. The parents share
the right and responsibility to make important
decisions about their children's health,
education and welfare. Such decisions
might include, for example, where the
children will attend school or whether
they should get braces on their teeth.
* Sole legal custody. One parent has the
right to make decisions relating to the
health, education and welfare of the children.
* Joint physical custody. The children
spend time living with each parent on
a regular basis. This does not mean, however,
that the children must spend equal amounts
of time with each parent.
* Sole physical custody. The child lives
with one parent and the other parent has
visitation.
The specifics of such custody orders
can vary as well. For example, a judge
who orders joint legal and physical custody
may name one parent as the primary caretaker
and one home as the primary residence.
Or, a judge might order sole physical
custody to one parent and supervised or
no visitation to the other if it appears
that a parent may present a threat to
the child's welfare or safety.
In addition, stepparents and grandparents
may be given visitation in certain circumstances.
|