Choices for granting custody and visitation rights

While the laws vary from state to state, the principles of child custody and visitation cases are very similar throught the United States. The court may give custody to one or both parents, or, in some cases, to another adult based on the best interests of the child. Considerations include the child's health, safety and welfare, as well as any history of abuse by one parent. For custody to be given to someone other than a parent, however, the court would have to believe that giving custody to either parent would be detrimental or harmful to the child. Again, the judge will focus on what is in the best interests of the child.

There is common terminology used in most states (i.e. Texas uses different terms such as conservatorship):

• Joint legal custody. Here, parents share the right and responsibility to make important decisions about their children's health, education and welfare. Such decisions might include, where the children will attend school, what type of school they should attend or whether they should get braces on their teeth.


• Sole legal custody. Here, only one parent has the right to make decisions related to the health, education and welfare of the children.


• Joint physical custody. Here, the children spend time living with each parent on a regular basis. However, this does not necessarily mean that the children must spend equal amounts of time with each parent, just consistent and frequent time with each parent.
  


• Sole physical custody. The child lives with one parent and the other parent has visitation. Keep in mind that for the non-custodial parent, it is best to have a set and definite visitation order set by the court so as to avoid problems of when visitation will be allowed.
  

Try to keep in mind that the actual time spent with your children is probably more important than the legal terminology used to describe the arrangement. Also, the specifics of such custody orders can can affect child support as well.

How do I enforce a custody order?

Law enforcement may help you enforce a custody or visitation order, if necessary. You will need a certified copy of the order. The person violating the order could possibly, upon you petitioning the court, be found in contempt of court. If the other parent won't obey the order and these suggestions don't work, you may want to consult an attorney or attorney service.

It is important, too, to remember that your custody plan can be changed if it doesn't work. If your circumstances change, you can return to court and request a change in the parenting plan even if a child custody order has already been established. The key to remember is that the order will not change on its own. If you wish for or need a change in the custody and/or visitation order, you must petition the court to request modification of the order.