CHILD CUSTODY & VISITATION

Regardless of the specifics, you and your spouse will come to an agreement on how you will co-parent. The first step is to develop a physical and legal custody agreement. This agreement will detail physical  custody, visitation schedules, health insurance, college, and potentially, child support. You’ll also elect which parent makes the decisions for the child in regard to their healthcare, education and religion.

In both of these instances, parents may want to share these responsibilities equally. Parents can keep the most control over their situation without judgement of the court if a satisfactory agreement can be reached between them. 

To best prepare for this conversation, you’ll both need to consider schedules, location, school commitments, and the physical and emotional needs of the child. After the agreement, parents will formulate the custody plan, and it can be started before the divorce is final.

These agreements have evolved toward what is in the best interest of the child. You two can arrange for a primary residence with parental time or residential time at the other parent’s home, or something that grants equal time to both households, whichever works best for your child.

If an agreement cannot be reached, there are a few options. It’s preferable to maintain Status Quo, where the children’s lives are disrupted as little as possible until the divorce is final.  Judges want to see that the children have continuity, unless a drastic change is necessary to safeguard their emotional or physical well-being.  In the instance that one parent vacates the residence without a court order regarding custody, this can cloud custody issues down the road. Judges may rule that the child is best cared for with the consistency of one parent, rather than jointly.

Additionally, the parent that left might have a hard time convincing a court that the parent they left the child with is unfit. Alternatively, clients may file for a temporary custody order to go ahead and resolve custody issues on a temporary basis while they wait for their divorce to be finalized. In this event, the judge’s custody and parenting order will be enforced until the divorce is finalized and a permanent arrangement has been made.

Both state and federal laws may apply to child custody. In all states, except for Massachusetts, they use the Uniform Child Custody Jurisdiction and Enforcement Act to decide where the custody litigation should be held. The child’s jurisdiction or “home state” is decided either by where they have lived with parents for the past six months, or where they have the most ties, if a consecutive residence hasn’t been established in the past six months.

During this litigation , the courts will always be seeking what is best for the interest of the child. That is the current standard. It goes most smoothly when the parents can negotiate an agreement that works for everyone involved without including the courts. However, the court has the final say, and even with the agreement of both parents, the court has the right to intercede on behalf of the child if the arrangement is not in their best interest.

In summary, the parenting plan for custody and residential or parenting time will include:

• A custody and residential time schedule

• Parenting provisions

• Child support information

• Anything else that will help you and the other parent raise the child

• A residential or weekday schedule

• A holiday schedule that shows where the child spends time during holidays, school breaks and other special occasions.

• Vacation time: This schedule shows each parent's vacation time with the child.

• Special events: These are one-time events where the normal schedule changes.

Your agreement should also address these provisions:

• Whether the parents will share legal custody or one parent will have legal custody 

• How the parents will decide on medical and dental care for the child 

• Information about the child's schooling and education

• Information about the child's religious involvement

• How the parents will handle disputes

• How the parents will make changes to the agreement

• How the parents will handle transportation for visits

• How the parents will exchange the child

• How the parents will decide which extracurricular activities the child can participate in

• A rule about the parents not saying negative things about the other parent to the child

• Whether one parent will get the opportunity to watch the child when the other parent needs a babysitter, called the right of first refusal

• How the parents will communicate about the child

Our team of attorneys has the experience to help even tough situations come to an agreement that will work. And, thankfully, we are all held to the standard of what is in the best interest of the child.