Home > Family Law > Child Custody and Visitation

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.