Child custody is divided into legal custody and physical custody. There are also temporary child custody orders and permanent custody orders. Temporary custody orders are made while the case is awaiting final resolution, while permanent custody orders are made at the end of the case.
Physical custody designates with whom a child is actually living, while legal custody designates which parent gets to make decisions regarding the child's health and welfare, such as what doctor the child sees, and what school that child attends. A family law judge determines physical custody, legal custody, and visitation based upon what is in the child's/children's best interests. It is generally presumed that continuous and frequent contact with both parents is in a child's best interests, and presumably both parents will share in making decisions regarding the child, but how this is all accomplished varies from case to case. A parenting schedule that may work in one case may not work in another.
To help resolve disputes over custody and visitation, parents are required to attend mediation. While attorneys are typically not allowed to attend custody mediation with the parents, speaking to a lawyer about how to prepare for mediation and what to expect in mediation is important. It is important to note that a parent cannot be forced to agree to a parenting plan in mediation. If mediation is unsuccessful, the dispute can then be taken to trial.
Please contact us by phone or email to discuss how we can assist you with your child custody matter.
