Understanding Custody and Visitation

People often regard custody and visitation as the same, but they are two very different circumstances. Custody is a more general term that refers to either physical or legal custody, while visitation refers to the time that is spent with the kids.

Legal custody defines who has the authority in the decision-making process for a minor. For instance, a parent must choose churches, values, schools, and health care therapies when raising a child. The court can grant legal custody to one parent or split it between parents.

Physical custody involves the physical possession of the child or the parent with whom the child is living. Courts can also grant physical custody solely to one parent or split it between the two.

Joint custody can take different forms and generally will not involve an even split of time between parents with the children. The children often live with one parent during the week and the other on weekends and holidays. The custody agreement can provide specific details on splitting the time between the two parental figures.

When one parent has sole custody of a child, visitation typically refers to the parenting time given to the other parent. Visitation often requires a visitation schedule, which sets specific dates, locations, and times when that parent is allowed to see the child. Following a visitation schedule is vitally important. Never change or dissipate your visitation schedule without consent from the child's other parent.

If the court is under the impression that a parent could be a danger to a child, that parent may only be granted supervised visitation rights to ensure the child's safety and wellbeing. As suggested in the name, someone, often a third party like a social worker or therapist, will accompany a child during these visits with their mother or father.

It is possible to have many combinations of physical and legal custody and many different visitation schedules. If you are in the process of negotiating these issues, be sure to have a family law practice in Orlando to represent you. An attorney's advice may help a parent maintain a relationship with their child after a divorce. A parent can often achieve this by convincing the judge that the individual can provide a stable and safe environment for the child. In addition, people who want expanded visitation or custody rights can often demonstrate their fitness to be active parents by attending parenting classes and following any court rules closely. Sometimes, it may also help to move to a safer neighborhood or get a better job to support the child healthily.

If your custody arrangements and visitation schedule are already in place, follow them. Failing to follow court orders can result in dire consequences. If you want to change your current child custody arrangements, contact an attorney to discuss requesting a child custody modification. The advice and expertise of an experienced attorney can be crucial in keeping custody orders fair and manageable for parents and children through all steps of the custody determination process. In addition, having someone with valuable experience representing you can help alleviate stress and support you when the uncertainty of whether you will be allowed in your child's life makes the situation much more manageable. We are ready to help at their family law practice in Orlando when you are prepared to be represented by a firm with valued experience and legal expertise.