Child Custody and Visitation

Posted on July 8, 2008
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DONOTCHANGE When parents separate or divorce, the term "custody" often serves as shorthand for "who gets the children" under the divorce decree or judgment. In 20 states, custody is split into two types: physical custody and legal custody. Physical custody refers to the responsibility of taking care of the children, while legal custody involves making decisions that affect their interests (such as medical, educational and religious decisions). In states that don't distinguish between physical and legal custody, the term "custody" implies both types of responsibilities. In the coming weeks I will answer the follwing questions:

1. Does custody always go to just one parent?
2. Can someone other than the parents have physical or legal custody?
3. What factors do courts take into account when making-custody and visitation decisions?
4. Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?
5. Is race ever an issue in custody or visitation decisions?
6. Are mothers more likely to be awarded custody over fathers?
7. When a court awards physical custody to one parent and “visitation at reasonable times and places” to the other, who determines what’s reasonable?
8. Do I have to pay child support if my ex keeps me away from my kids?
9. I have sole custody of my children. My ex, who lives in another state, has threatened to go to court in his state and get the custody order changed. Can he do that?
10. I have sole physical custody of our children. Several times my ex has not returned the kids on time after taking themfor a visit, and I’m scared one day he won’t return them at all. What are my rights as the custodial parent?
11. I’ve heard that mediation is the best approach to solving child custody matters. Things are so bitter between me and my ex that it’s hard to see us sitting down together to work things out. How can mediation possibly work?
12. Under what circumstances can custody orders be changed within the state where they were obtained?

These and other questions regarding custody can be found in the information provided at Child Custody Strategies.

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