What Does ‘Getting Custody’ mean?

There are two kinds of child custody: legal custody and physical custody. Judges typically make the final decision on custody and visitation, but sometimes they find themselves simply approving an agreement made by both parties. However, judges usually do not make decisions until both parties have met with a Family Court Services mediator.

What does custody mean?

Legal custody means you have the legal authority to make all important decisions in your child’s life. Things like their health care, their education, and their welfare are at your discretion. Physical custody means who the child lives with. Legal custody can be a joint agreement where both parents share the right and responsibility to make important decisions. Or sole custody is where only one parent has the authority to make decisions in regards to their children. While it is important to realize in a joint custody situation both parents have the right to make decisions, that does not mean they have to agree on every decision made. Likewise, physical custody can be a joint mandate or solo mandate as well. Joint physical custody means that the children must spend equal time with each parent. While parents can have a joint legal custody agreement, they do not have to always have a joint custody agreement. If there is no joint custody agreement typically there is a visitation order in place.

What does visitation mean?

Visitation is the plan for how the parents will share time with the children. If a parent has less than half of the time with the child, they have visitation rights. Visitation orders are varied and truly depend on what is in the best interests of the children. Visitation can be according to a schedule, allowing for a detailed visitation plan to prevent conflicts and confusion. Or they can have a reasonable visitation order which does not have a lot of detail and is open-ended allowing the parents to work it out between them. Supervised visitation is also mandated on occasion when the child’s safety and well-being require that visits with the other parent be monitored by you, another adult, or a professional agency. And finally, there are times when a no visitation order is in the best interest of the child. This decision is made when visiting with the parent, even with supervision, which would be physically or emotionally harmful to the children.

How are the decisions made?

The law states that judges must give custody according to what is in the “best interest of the child.” The court will consider things like age of the child, the health of the child, emotional ties between the parent and the child, the ability of the parents to care for the child, any history of family violence or substance abuse, and the child’s ties to the school, home, and his or her community.

How can I get custody?

In a lot of cases, parents can come to an agreement without the court system. It is a good idea to make sure someone from the legal profession views, and possibly writes, the agreement. If the parents are unable to come to an agreement the court will issue orders for custody, visitation, and child support.

Engaging a reputable family law attorney can make all the difference in your custody issues.