Being granted custody of their child leaves the parent the responsibility of caring for said child on a daily basis and to make any major decisions regarding their child. If the parents cannot agree on the type of custody agreement that will best benefit both parents and the child (or children), a judge makes a decision according to “the best interest of the child.”
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Custody factors
Primary caretaker
- If one parent in a custody dispute has a major issue such as alcoholism or mental illness or is abusive, this may very well be the deciding factor.
- If neither parent has any habits nor detriments that may negatively affect the child, the deciding factor may be which parent has been primarily responsible for the child on a day-to-day basis.
- If one parent can provide evidence that they were primarily responsible for the child, they may be favored for custody, especially in the case of a young child (eight years or under).
Sole custody arrangements
- One parent (the custodial parent) takes care of the child most of the time, makes the major decisions about the child
- The other parent (the noncustodial parent) usually has the right of visitation- for overnight visits or vacation periods.
Joint custody arrangements
- Both parents make decisions regarding said child, each spend a substantial amount of time with the child in question.
Child’s preferences
- The wishes of the child can be an important factor depending on the child’s age and maturity.
- Children under the age of seven are sometimes considered too young to express an informed preference.
- Courts are more likely to follow the preferences of an older child, as long as these are well informed and in the child’s best interest.
- The judge may choose to speak to the child in private (in the judge’s chambers), the parents may not be in the room, although the parents attorneys may be.
Nonmarital sexual relationships
In most circumstances, nonmarital sexual relationships are not a deciding factor unless they place stress and discomfort on the child.
Parental interference
- If a custodial parent regularly interferes with visitation, that is a negative factor against the custodial parent and can lead to modification of custody to the noncustodial parent (assuming the noncustodial parent is able to properly care for the child).
Visitation
A parent who does not receive custody normally is entitled to visitation with the child. The amount of visitation will vary with the desires of the parents and the inclinations of the judge. A common amount of visitation, however, is: every other weekend (Friday evening through Sunday); a week night (for dinner); half of the child’s winter and spring breaks, alternate majorholidays; Fathers’ Day or Mothers’ Day, as applicable; and two to six weeks in the summer.
If parents live far apart and regular weekend visitation is not feasible, it is common to allocate more summer vacation and school holidays to the noncustodial parent.
A court can deny or restrict visitation if the court believes the child might be placed in danger by the visitation. For example, if the noncustodial parent has molested the child, is likely to kidnap the child, or is likely to use illegal drugs or excessive amounts of alcohol while caring for the child, a court probably will deny visitation or restrict visitation. If visitation is restricted, visitation might be allowed only under supervision, such as at a social service agency or in the company of a responsible relative.
If you have been/ are divorced and are concerned about your visitation and custody agreement, your local divorce lawyer will gladly help you through these issues.
Do you need legal assistance for visitation and custody?
Find a local divorce lawyer at divorces.com