- Child Custody
- “Child custody” is a legal term that is often used by
family courts to describe the rights and
responsibilities of divorced parents and their minor
children, the residency or placement of the children,
and the relationship and/or amount of contact the
children have with each parent. When divorced
parents are unable to agree on such issues, the family
courts are often left with the difficult task of
determining the best custodial arrangement for the
children and parenting plan for the parents. The more
parents understand what is involved in child custody
determinations, the more informed they will be in
making decisions regarding their children after a
divorce.
The rights and responsibilities of each parent to his or her minor children include
decisions regarding the raising and general welfare of the children on issues such
as the children’s education, medical care, dental care, and religion. Such rights
and responsibilities are commonly referred to as “legal custody” of the children.
Residency or placement of the children
The residency or placement of children refers to where the children will live and
spend the majority of their time. Oftentimes, a child will live with one parent more
than the other parent, and the parent that the child lives with the most will typically
be responsible for the day-to-day care of the child. In some cases, the child will live
equally with both parents, close to equally with both parents, or live a significant
amount of time with each parent and the parents will share in the responsibilities
and day-to-day care of the child. Residency and day-to-day care comprise what is
commonly known as “physical custody” of the children.
Relationship and/or amount of contact the children have with each parent
In the case where the child resides or lives primarily with one parent, the time
spent with the other parent is often referred to as “visitation.” The parent that the
child lives with more is often referred to as the “custodial parent” and the parent
with visitation is referred to as the “noncustodial parent.” In such cases, the
noncustodial parent will typically have a visitation schedule that details his or her
contact with the children. The visitation schedule is sometimes referred to as a
“parenting arrangement.”
Child Custody and
Child Support
Child Support
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