Child Visitation

What is Child Visitation?

Unfortunately, child custody and visitation issues are often the most contentious and stressful issues considered during the divorce or legal separation process. There are two areas of custody which must be resolved. Legal Custody deals with the rights and responsibilities to make decisions relating to the health, education, and welfare of the children.

Physical Custody (also known as “visitation”) deals with how much time each parent will have with the children. At Gilligan, Frisco, Trutanich & Sarris, LLP, we’ll always provide our clients with personal attention throughout every step of the process to ensure that the best possible outcome can be achieved.

Our Approach to Child Visitation

Child custody is most often considered by the best interest of the children. When the issue of child custody arises during a divorce or separation proceeding, the court takes a variety of factors into consideration. While every custody case is unique, what the court determines is in the best interest of the children is the most decisive factor in determining a child custody arrangement.

Courts encourage parents to reach a child custody arrangement between themselves. During this tumultuous and highly emotional time, we offer clients competent and compassionate advice that may include employing the use of outside experts in the field to obtain the most favorable custody schedule available while protecting the best interests of the children.

How Child Visitation is Determined

There are a number of factors that the court takes into account when making a decision about visitation and custody. If the parents are unable to reach an agreement on their own, an Order to Show Cause may be filed to determine a temporary order regarding custody. In many cases, these temporary orders significantly affect the court’s final decision regarding a permanent custody order.

Particularly crucial factors to the court’s determination of the best interest of the children include:

1. A child’s age, health, and welfare
2. Who the court finds to be the primary parent
3. Physical and emotional connections between the parent and children
4. Ability of the parent to care for the children
5. Amount of time the parent spends with the children
6. Current living arrangements
7. Any instances of substance abuse or domestic violence

FAQs About Child Visitation

What is joint custody?

Joint custody means joint physical custody and joint legal custody. Joint legal custody, joint physical custody, sole legal custody, and sole physical custody all have important distinctions.

What other factors does the court consider when making a custody decision?

When making child custody orders, the court will attempt to come to an agreement that closely follows the children’s living situation prior to divorce or separation.

Does it matter who files for divorce first?

While there may be some advantage strategically to filing for divorce first, the filing order has no bearing on the court’s decision-making process.

Will moving out of state affect my custody case?

Not necessarily. Our team of attorneys has significant experience handling these complex jurisdictional issues and can protect you and your custodial interest if you or the other parent makes a request to relocate.