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In most states, family courts determine child custody arrangements based on what is in the best interests of the child. The courts look at several factors in making this determination, such as the parents’ desire and ability to care for the child, the emotional bond between the child and both parents, the adjustment needed if the child must move to a new area, and, if old enough, the child’s wishes. Courts consider each case on the individual needs of the children, including:
Separating parents' rights will vary depending on the type of child custody and visitation. Legal custody is the court-granted right to make major decisions on behalf of the child. This includes choice of schools, religious education, health care, and discipline. Physical custody determines where the child will live and what visitation rights will be awarded.
Most child custody arrangements are "joint custody," or "shared custody." Both parents have joint legal custody, even if one parent has more time with physical custody. For example, a child may live primarily with one parent. But this does not necessarily mean the parents do not have joint legal custody. Both parents have the right and responsibility to make major decisions in the child’s life and adhere to a parenting plan that outlines the specific arrangement.
There are specific legal procedures that are needed to modify an existing child custody or visitation order. The process may vary from state to state and on the specific circumstances of each case. Consulting with an attorney is important to understand the laws in your area. Generally, steps include:
Working out a parenting agreement that covers child custody and visitation can be difficult, especially when there is animosity between parents. Whether you're recently separated and looking to learn the basics of types of custody or you've had an open case for years that needs modifications due to life changes, you can find resources here. FindLaw's Child Custody and Visitation directory contains information about many local California attorneys who can help you through your child custody and visitation case.
Child custody refers to a situation in which a parent (or parents in cases where there is joint legal or physical custody) is charged with the responsibility of raising and protecting their child. During bitter divorce or separation proceedings, or in cases where abuse is alleged to have occurred (either against the child or against a spouse, or both), custody hearings may be brought to court.
Visitation refers to the schedule set out (either mutually by the parents, or by the order of the court) by which the noncustodial parent may be able to see their child. In some cases, there may be zero visitation allowable at the discretion of the custodial parent or the courts, typically in cases of abuse.
Visitation can be supervised or unsupervised, depending on the context of the visitation agreement and schedule, as well as the relationship shared between the custodial parent and the noncustodial parent. Supervised visitation is strictly monitored from a legal perspective, and any violations of agreed-upon or mandated supervision may result in the loss of visitation.
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