Parents face many challenges during a divorce, but the establishment of visitation and child custody is one of the hardest things to do. When a court rules on matters of visitation and custody, they always consider the child’s best interests. Making that determination depends on factors such as:
The child’s health, gender and age
The parents’ health
Parental lifestyles
Emotional bonding between parents and children
The parent’s ability to provide care
Local school quality
Stability of the home
The child’s preferences (if the child is over a certain age)
Custody Types
Legal custody is the parent’s legal responsibility and right to make childrearing decisions. Parents have the right to make decisions on issues such as discipline, education, medical care and religion, and most courts award legal custody jointly.
Physical custody gives a parent the legal right to have the child live with them. In most cases, joint custody is ordered, but time is very rarely shared evenly. Courts can award physical and legal custody to one parent, or to both in a joint custody arrangement.
Establishing Visitation and Custody
Many parents handle custody arrangements informally, but child custody can be formally established in two ways:
By mutual agreement: In an ideal situation, parents agree on visitation times that suit both of their schedules. Some states require parents to meet with mediators to arrive at an agreement, but other states leave it to parents and legal counsel. In such arrangements, parents have broad discretion and courts rarely interfere.
By court order: If parents can’t arrive at an agreement, they go to court to plead their case to a judge. Judges don’t know the ins and outs of parents’ lives, but because an agreement isn’t reached, they must impose a visitation schedule of some sort.
Visitation
A parent without physical custody usually gets reasonable visitation. These rights allow that parent to spend a fair amount of time with their child, and visitation schedules can either be set by parental agreement or court ruling.
Hiring the Cosentino Law Firm, LLC
If you need to modify an existing custody order or establish a new one, it is best to talk to a lawyer. Child Custody Lawyers in St. Charles IL know how to deal with family courts, and they can help both parents cultivate a better relationship with their children.
