The issue of child custody and visitation are often the most difficult to negotiate due to the extreme emotional ties that we have with our children. Normally in a custody battle, you have two good parents that both love their children and do not want to have the time spend with them diminished. Unfortunately, judges will often set up an arrangement where one parent has the child during the week and two weekends and only allow the non-custodial parent every-other-weekend visitation. Many times this does not seem fair to the non-custodial parent and is the reason why this is often the most emotional of all divorce issues.

Ways to Establish Custody

There are several different ways custody can be established. Custody can be set up several different ways, including:

1. Joint legal and physical
2. Joint legal with physical to one parent
3. Shared custody

Visitation can be set up in numerous ways, but a typical way to set up custody would be every-other-weekend to the non-custodial parent with additional time during the summer and/or holidays such as Thanksgiving and Christmas.

Our attorneys have the training and experience to counsel you which custody option best fits your unique situation. We can offer you options including negotiating a settlement, preparing for trial (and ultimately attending that trial), and litigating. We understand that you want the best for your children and we will fight hard to make sure your concerns are addressed with the Court.

How is the Custody of Children Decided?

The Court looks to the best interests of the children. Each case is different. The factors the Court considers are each parent's ability to:

a. care for the child, (as evidenced by who has been the primary caretaker in the past and his or her ability to be the primary caretaker in the present and future);

b. control and direct the child and use good judgment when making decisions affecting the child;

c. the home environment and, occasionally

d. the child's wishes if the child is mature enough to make a decision.

Custody may also be given to a third party. Custody may be changed if the conditions of either party or the child change and if a change of custody is in the best interest of the child.

The parent who does not have custody usually has visitation rights. If the parents cannot agree on a satisfactory visitation schedule, it will be set by the Court .