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Child Custody and Visitation

Child Custody and visitation

When child custody is an issue before the court, the judge will make a decision about the following types of custody arrangements:


  1. Sole Custody: one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child.

  2. Joint Custody: can mean one of three arrangements.
    1. Both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child’s primary residence may be only with one parents;
    2. Joint physical custody where both parents share physical and custodial care of the child; or
    3. Any combination of the joint legal and joint physical custody that the court deems to be in the best interest of the child.

  3. Shared Custody: occurs when each parent has physical custody of a child for more than 90 days of the year. Shared custody generally refers to arrangements when the parents willingly share child care responsibilities and decisions concerning the needs of the child.

  4. Split Custody: Occurs when there are more than one children in the family and each parent has primary or sole custody of one or more of the children.

  5. Divided Custody: Refers to an arrangement in which a child lives alternately with one parent and then with the other for specified periods of time, with each parent having sole custodial rights while the child resides with that parent.

Factors for the Court to Consider:

  1. Age and physical and mental condition of the child;

  2. Age and mental condition of each parent;

  3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life and the ability to accurately assess and meet the emotional, intellectual, and physical needs of the child;

  4. The needs of the child;

  5. The role that each parent has played and will play in the future in the upbringing and care of the child;

  6. The propensity of each parent to actively support the child’s contact and relationship with the other parent;

  7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child

  8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express a preference;

  9. Any history of
    1. Family abuse
    2. Sexual abuse
    3. Child abuse
    4. Or any act of violence, force, or threat that occurred no earlier than 10 years before the date the petition is filed.

  10. Other factors that the court deems necessary and proper to the determination.

Hire a Baneylaw, P.C. to help you determine what would be in you and your child’s best interest and get that result.

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