CHILD CUSTODY AND VISITATION PRACTICE PAGE
Lansing Child Custody Lawyer
Child custody and visitation issues can be complex and difficult to handle on your own. You need the assistance of an experienced custody attorney at the office of Bailey & Terranova. We strive to help our clients address their custody and visitation issues as efficiently and effectively as possible in order to minimize the additional stress placed on their entire family.
Child Custody and Visitation - An Overview
The resolution of child custody and visitation disputes requires divorcing parents to act rationally in their child's best interests at a time when they are facing the overwhelming stress of divorce. Joint custody and sole custody, legal custody and physical custody, custody evaluations and modifications are terms with which a divorcing parent will become familiar. Knowledgeable advice and skilled representation from an experienced family law attorney at Bailey & Terranova in Okemos, MI, can assist you in your pursuit of a fair custody arrangement.
Basic custody terms
Custody is split into two parts, physical and legal. The court determines or approves physical and legal custody arrangements for each child.
- Physical custody: The actual living arrangements of the child and the rights and responsibilities associated with daily childcare.
- Legal custody: The right to make decisions about the child's education, healthcare and religion.
Common custody solutions
Physical and legal custody can be apportioned in numerous ways.
Sole custody: When sole physical custody is awarded or agreed upon, one parent has the right to have the child live primarily with him or her. That parent is then known as the custodial parent and the other parent becomes the non-custodial parent. Sole physical and legal custody generally only occurs when there is a history of abuse and neglect, but this varies from state to state. In such instances, the non-custodial parent may be limited to restricted or supervised visitation. Many parents have arrangements consisting of sole physical custody, joint legal custody and a generous visitation schedule for the non-custodial parent.
Joint custody: In joint custody, parents share responsibility for major decision-making and/or physical control and custody of the children. Parents with joint physical custody usually share legal custody, but joint legal custody does not necessarily imply joint physical custody. Parents need to be able to work together in the rearing of their children when they have joint legal custody.
Split custody: This is a less popular option, in which each parent takes custody of a different child.
"Bird's Nest Custody" or "Bird Nesting": This arrangement allows children to remain in the pre-divorce family home while parents take turns moving in and out.
Sole custody: When sole physical custody is awarded or agreed upon, one parent has the right to have the child live primarily with him or her. That parent is then known as the custodial parent and the other parent becomes the non-custodial parent. Sole physical and legal custody generally only occurs when there is a history of abuse and neglect, but this varies from state to state. In such instances, the non-custodial parent may be limited to restricted or supervised visitation. Many parents have arrangements consisting of sole physical custody, joint legal custody and a generous visitation schedule for the non-custodial parent.
Joint custody: In joint custody, parents share responsibility for major decision-making and/or physical control and custody of the children. Parents with joint physical custody usually share legal custody, but joint legal custody does not necessarily imply joint physical custody. Parents need to be able to work together in the rearing of their children when they have joint legal custody.
Split custody: This is a less popular option, in which each parent takes custody of a different child.
"Bird's Nest Custody" or "Bird Nesting": This arrangement allows children to remain in the pre-divorce family home while parents take turns moving in and out.
