Family Law,Separation,Anulment and Divorce

Visitation/Access/Parenting Time
If a parent does not receive custody, how much access or visitation is he or she likely to receive?
That will vary with the desires of the parents and the inclinations of a judge. A standard visitation schedule is every other weekend (Friday evening through Sunday); a weeknight (for dinner); the child's winter and spring breaks in alternating years; alternate major holidays; and several weeks in the summer. If parents live far apart and regular weekend visitation is not feasible, it is common to allocate more summer vacation and school holidays to the noncustodial parent. For parents who do not like the terms "visitation" or "custody," it is possible to draft a custody and visitation order, which leaves out those terms and just describes the times at which the child will be with each parent. Instead of "visitation" and "custody," some states use terms such as "parenting time" or "access to the child."
Under what circumstances may a court deny the noncustodial parent visitation?
A noncustodial parent is entitled to visitation unless there is harm to the child. For example, if the noncustodial parent has molested the child, is likely to kidnap the child, has a long history of domestic violence, or is likely to use illegal drugs or excessive amounts of alcohol while caring for the child, a court will probably deny or restrict visitation. Visitation might be allowed only under supervision, such as at a social service agency or in the company of a responsible relative. A parent should not deny the other parent visitation without advance approval from the court unless a true emergency exists, such as a noncustodial parent coming to pick up the child while drunk or under the influence of drugs.
Joint Custody
What is joint custody?
Joint custody--sometimes referred to as shared custody or shared parenting--has two parts: joint legal custody and joint physical custody. A joint custody order can have one or both parts.
What is joint legal custody?
Joint legal custody means that both parents share in major decisions affecting the child. The custody order may describe the issues on which the parents must share decisions. The most common issues are school, health care, and religious training. Other issues on which the parents may make joint decisions include extracurricular activities, summer camp, age for dating or driving, and methods of discipline. Many joint custody orders specify procedures parents should follow in the event they cannot agree on an issue. The most common procedure is for the parents to consult a mediator.
What is joint physical custody?
Joint physical custody refers to the time the child spends with each parent. The amount of time is flexible. It does not have to be fifty-fifty. The length of time could be relatively moderate, such as every other weekend with one parent; or the amount of time could be equally divided between the parents. Parents who opt for equal time-sharing have come up with many alternatives: alternate two-day periods; equal division of the week; alternate weeks; alternate months; alternate four-month periods; and alternate six-month periods. If the child is attending school and spends a substantial amount of time with both parents, it usually is best for the child if the parents live relatively close to each other. A few parents, on an interim basis, have kept the child in a single home while the parents rotate staying in the home with the child.
Are courts required to order joint custody if a parent asks for it?
No. In most states, joint custody is an option. Courts may order joint custody or sole custody according to what the judge thinks is in the best interest of the child. In eleven states, legislatures have declared a general preference for joint custody. That usually means the courts are supposed to order joint custody if a parent asks for it, unless there is a good reason for not ordering joint custody. The most common reason for not ordering joint custody is the parents' inability to cooperate. Courts are concerned that a child will be caught in the middle of a tug-of-war if joint custody is ordered for parents who do not cooperate with each other. Parents who do not cooperate also will have trouble with sole custody and visitation, but the frequency of conflicts may be less. If a parent is opposing joint custody because the parent (without good reason) is trying to undermine the child's relationship with the other parent, that could be a factor in granting custody to the other parent.
Moving the Child out of State
May the custodial parent move out of state with the child?
The law on this issue varies from state to state. Some states routinely allow the custodial parent to move out of state with the child if there is a good-faith reason for the move. Many states, however, examine requests to move on a case-by-case basis and decide the issue after considering several factors. Some states also impose notice requirements by which the parent who wants to move with the child must notify the other parent a certain number of days (thirty, sixty, or ninety days) before the proposed move so that the noncustodial parent has an opportunity to challenge the plans for a move.
What are good-faith reasons for the move?
The most common good-faith reasons for a move are obtaining significantly better employment in another state, following one's new spouse to a new job in another state, and a desire to live near family members.
What are the factors a court will consider when deciding whether to allow a move?
There are several factors:
1. The quality of the custodial parent's reason for the move. A good-faith reason and a likelihood that allowing the move will enhance the quality of life for the child and custodial parent helps the custodial parent's case. A bad-faith reason, such as a desire to undermine the child's relationship with the noncustodial parent, makes it more likely a court will deny permission to move.
2. The quality of the reasons of the parent opposing the move. A parent who has been very active in the child's life, sees the child often, and wants to preserve that relationship has a stronger case for denying permission to move. A parent who has not seen the child very much, or who often misses visitation, has a weaker case.
3. The quality of the relationship between the child and both parents.
4. The degree to which visitation can be restructured to preserve or foster a good relationship between the child and the nonmoving parent, including the issue of whether substitute visitation is affordable to the parties.