Divorce can bring big changes, especially when children are involved. One of the most emotional and confusing parts of the process is figuring out how parenting time will be shared. Terms like custody and visitation rights can feel overwhelming, but understanding how they work is the first step toward creating a parenting plan that supports your child’s well-being.
With an experienced divorce attorney like Michelle Cimino advocating for you, you can feel more confident making decisions that protect your rights and prioritize your child’s best interests.
What Is Custody?
Custody refers to the legal responsibility and authority over a child. It includes two main types:
- Legal custody is the right to make significant decisions about the child’s life, like those related to healthcare, education, religion, and medical needs.
- Physical custody refers to where the child primarily lives.
In a sole custody arrangement, one parent is responsible for making important decisions about the child’s life. In a joint custody setup, both parents are involved in the decision-making process and are expected to work together on key matters.
Sole physical custody is awarded to one parent, meaning the child primarily lives with that parent. Alternatively, joint physical custody allows the child’s time to be shared between parents, often according to a schedule, so that the child maintains relationships with both parents.
What Are Visitation Rights?
Parenting time, also called visitation, is the time a non-custodial parent spends with the child. The non-custodial parent is the parent who doesn’t have primary physical custody.
Visitation allows the non-custodial parent to have regular and meaningful contact with the child. While custody deals with decision-making and residency, parenting time focuses on the child’s actual time spent with each parent to maintain their relationship.
Courts focus on creating parenting time schedules that serve the child’s best interests while encouraging involvement from both parents when it’s safe and appropriate. Each parent has a right to visitation unless it’s proven that doing so would be harmful to the child.
Visitation can be sought not only by parents but also by siblings and grandparents, though grandparents must demonstrate special circumstances to obtain visitation rights. Courts will consider the extent of the grandparents’ relationship with the grandchildren and their relationship with the other parent.
How Are Visitation Rights Determined?
Courts base visitation decisions on the “best interest of the child” standard, considering factors such as the child’s age, health, safety, and the child’s wishes if they are mature enough to express them. Anyone seeking visitation can file a petition in Family Court or as part of a divorce proceeding, and the court may appoint an attorney for the child to represent the child’s interests.
Parents are encouraged to agree on visitation schedules that accommodate their and the child’s needs; if they can’t agree, the court intervenes and often prescribes visitation such as every other weekend, alternating holidays, and extended summer visits.
The court looks closely at any history of domestic violence by a parent, weighing its impact on the child’s welfare before granting visitation or custody. Domestic violence does not have to involve the child directly for the court to consider it. The judge must explicitly explain how domestic violence affects visitation or custody decisions. This requirement ensures transparency and accountability, showing that the court did not overlook the domestic violence factor while weighing what is in the child’s best interests.
Visitation rights are protected and considered crucial for both the child and the non-custodial parent, with denial of visitation requiring exceptional circumstances. The child’s preference is considered, especially as they get older and more mature. However, there’s no set age when their opinion automatically carries more weight.
Can a Visitation Order Be Changed?
Yes, a visitation order can be changed. If something important in your situation has changed, like a parent’s work schedule, living arrangements, or the child’s needs, you can ask the court to update the order. To do this, you’ll need to show that the change is significant and that updating the schedule would be best for the child. The court will review your request at a hearing.
Get the Guidance You Need To Move Forward
Custody and visitation are complex topics, and it’s easy to feel unsure about where to start. Whether you’re trying to understand custody or want to create a parenting time schedule that fits your family’s needs, each choice you make has a real impact on your child’s happiness and your peace of mind.
With the right guidance and support, you can move forward with confidence, knowing you’re making the best decisions for you and your child. Attorney Michelle Cimino brings experience and compassion to every case, offering strong advocacy to help you find the right path. Reach out today to schedule a consultation and get the clear, caring advice you deserve!
