{"id":351651,"date":"2016-04-04T11:02:29","date_gmt":"2016-04-04T16:02:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/more-child-custody-and-visitation-faqs.html"},"modified":"2023-07-25T15:27:43","modified_gmt":"2023-07-25T20:27:43","slug":"more-child-custody-and-visitation-faqs","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/more-child-custody-and-visitation-faqs.html","title":{"rendered":"Child Custody and Visitation FAQ"},"content":{"rendered":"\n
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Child Custody and Visitation FAQ<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Child custody is an important consideration in any breakup or divorce. The goal is to ensure that both parents can participate in raising the child. Understanding frequently asked questions about child custody and visitation can help alleviate any concerns about the legal process.<\/p>\n\n <\/div>\n\n

Learn more about the process by reviewing the resources and child custody and visitation FAQ below.
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What is the main difference between "legal" and "physical" custody of a child?<\/h2>\r\n

Parents with physical custody<\/a> of a child have the right to provide day-to-day care for the child. Physical custody usually refers to where a child lives. <\/p>\r\n

Legal custody<\/a> gives a parent the right to make major decisions about the raising of a child, and key aspects of the child’s welfare. This includes matters such as the child’s education, medical care, dental care, and religious instruction.<\/p>\r\n

It is very common for parents to share both physical and legal custody of their child in a custody arrangement.<\/p>\r\n

Is custody always awarded to just one parent?<\/h2>\r\n

No. It is common for a court to award partial custody to both parents, known as joint custody<\/a> or shared custody. With joint custody, both parents must cooperate in decision-making about important issues.<\/p>\r\n

If one parent is deemed "unfit<\/a>" by the court, the other parent may be granted sole legal custody and sole physical custody. It is ultimately up to the court to decide whether any joint custody is in the best interests of a child.<\/p>\r\n

I’m a single mother. I was never married to my child’s father, and we do not live together. I want to make sure that my child stays with me, even if her father decides that he wants her to live with him. does her father have legal rights to custody?<\/h2>\r\n

Yes, after he establishes paternity. When a child’s parents are unmarried, the statutes of most states require the father to establish legal paternity<\/a>. After the father’s rights have been established through paternity, the court will look at both legal custody and parenting time between the parents.<\/p>\r\n

In general, courts typically prefer joint legal custody wherein both parents are involved in making major decisions for their child. When the court is asked to determine who will have primary physical custody of the child, the court will consider both parents equally in an initial custody determination proceeding.<\/p>\r\n

My wife and I recently filed for divorce. It was a mutual decision, and we would like to figure out a custody and visitation arrangement without having the court ultimately decide. Is that possible?<\/h2>\r\n

Yes. Parents can resolve a custody and visitation matter outside of court — either themselves during informal settlement negotiations (usually with the help of attorneys), or through out-of-court alternative dispute resolution proceedings like mediation<\/a> or "collaborative law" (also with the help of attorneys).<\/p>\r\n

Usually, the court will need to approve the agreement before it becomes final, but that step is typically a formality.<\/p>\r\n

If my divorce goes to family court, how will the judge decide who gets custody?<\/h2>\r\n

In a custody case, the court will consider various factors. The overriding consideration is always the best interests of the child<\/a>. Ultimately, the court will prioritize the safety and well-being of the child to decide the custody of the child. No one factor will be considered. They will be considered together. Some relevant factors include:<\/p>\r\n