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Child Custody

There are several terms with which you should become familiar as you consider how your divorce child custody terms are resolved. In a divorce with children, those are:

Legal Custody:
The options are Joint Legal Custody or Sole Legal Custody. These determine how the decisions are made regarding the raising of the child(ren). With Joint Custody, both parents participate in decisions about how the child(ren) is/are raised. In Sole Custody, one parent makes such decisions.

Physical Custody:
Physical custody determines the child’s or children’s primary residence after the divorce is final. The child(ren) will live at the residence of the primary residential parent. The other parent normally will have visitation privileges, in accord with visitation schedule outlined in the divorce documents.

Visitation is the same whether the court orders sole custody or joint custody. The visitation rights of the non-custodial parent are not affected in the type of legal custody that is ordered by the Court.

Visitation:
This can be any program that the spouses agreed to, and it can be changed periodically in the future. Most states have guidelines that take effect if the spouses cannot agree. Those guidelines are outlined in the Master Separation Agreement that we supply among your divorce papers. You aren’t required to list your present visitation agreement, but you can if you like. “No Visitation” or “Restricted Visitation” may be requested by supplying the reason on the questionnaire.

 
 
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