Trouble Directory
State Laws
Child Custody Laws - FAQ

Marriage & Family Sponsors

In divorce proceedings, after a full child custody hearing and arguments are made to the court, the family law judge will issue it’s child custody orders. The parties must follow these orders or risk being in violation of a court order.

To understand parental child visitation rights and the different types of custody laws that can be issued by a family law court, it would be best to first understand visitation rights and the difference between legal and physical custody.

What are Visitation Rights?

When a court awards exclusive child custody to one parent, the non-custodial parent still has the right to see and visit the child. All participants to the process recognize that a child needs the influence of both the mother and the father. The court can assist the parents with devising a custody plan that works for the parents and which must be in the best interests of the child.

What is Legal Custody?

Legal custody is the legal right of parents to make important decisions concerning their child’s welfare, including the right to decide the child’s education, summer camp, religious training, special diet and child discipline.

In many divorce cases, where both spouses cannot agree on a fair apportionment of child’s custody, the court will make the determination for the parents. This is one reason why so many people have chosen the mediated divorce process. In mediated divorces, it is the parents who determine child custody with the assistance of a trained mediator – not the judge.

What Is Physical Custody?

Typically, the spouse who is awarded a share of legal custody of the children will also be awarded the same share of physical custody. A parent who is awarded one-hundred percent legal custody, also known as sole custody, will have complete authority to determine how much time the child can spend with the other spouse if any, and also whether extended family members such as uncles, aunts and grandparents can spend time with the children.

Do Grandparents Have Visitation Rights?

No. It is worth noting that in most jurisdictions, extended family members such as grandparents, aunts and uncles, have absolutely no legal rights to the children unless expressly permitted by the custodial parent.

What Is Joint Custody?

In cases in which the family court has awarded joint custody, both parents will share in the legal and physical custody of the child. With this type of custodial arrangement, both parents get a chance to participate in making decisions about the child's welfare.

Even though both parents can be awarded joint custody, the judicial trend is to have the children living in one primary residence in the early years – usually the mother’s home. Courts and child care experts believe it is in the best interests of the child to have only one primary residence rather then being split between two homes and getting shuttled back and forth between parents.

What Are Sole Custody Orders?

If one of the parents is awarded sole custody by the court, then only one parent gets to have both legal and physical control of the child. In circumstances in which one parent is judicially determined to be unfit to raise a minor children, or in cases of parental abandonment or abuse of the children, the court will usually order that the entire custody be awarded to just one parent. For instance, a divorce court will usually award sole custody to one parent where the other parent has been determined to be abusive, uncaring, mentally unfit, or is engaged in drug abuse.

Joint Parenting – How To Use Common Sense And Courtesy

Joint parenting requires honest and direct communication between the divorced parents. The children to a divorce will appreciate the effort and you will be making their world that much more comfortable and easier to navigate. Remember, child custody laws are almost always fashioned on doing what is in the best interests of the child.

For more information on divorce and child custody advice, child custody rights, child support obligations, divorce advice and discount family law services, go to Trouble-Talk Live.

Marriage & Family Sponsors
   
 
Document Center
  

Affordable & Professional

Select a document type from the list below. Most documents are prepared within just 48 hours.

  Search Local Help & Info
What:  
Where:
  Browse by state
 » All Local Guides
 » Alabama
 » Alaska
 » Arizona
 » Arkansas
 » California
 » Colorado
 » Connecticut
 » DC
 » Delaware
 » Florida
 » Georgia
 » Hawaii
 » Idaho
 » Illinois
 » Indiana
 » Iowa
 » Kansas
 » Kentucky
 » Louisiana
 » Maine
 » Maryland
 » Massachusetts
 » Michigan
 » Minnesota
 » Mississippi
 » Missouri
 » Montana
 » Nebraska
 » Nevada
 » New Hampshire
 » New Jersey
 » New Mexico
 » New York
 » North Carolina
 » North Dakota
 » Ohio
 » Oklahoma
 » Oregon
 » Pennsylvania
 » Rhode Island
 » South Carolina
 » South Dakota
 » Tennessee
 » Texas
 » Utah
 » Vermont
 » Virginia
 » Washington
 » West Virginia
 » Wisconsin
 » Wyoming
Local Guides
 Consumer Rights
 Criminal Law
 Debt & Bankruptcy
 Employment
 Immigration
 Marriage & Family
 Personal Injury
 Probate & Estate
 Renting & Housing
 Small Business
 Tax
 Personal Troubles
In partnership with JustGive.org, GotTrouble facilitates charitable contributions to nonprofit organizations that can serve a positive social interest while being innovative in their organizations practices. Many of these organizations provide support in education, career training and financial opportunity to millions of people in need every year.