Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide

When it comes to custody and visitation during and after a divorce, both parents have certain rights that are protected by law. Understanding these rights can help you navigate the process confidently and protect your relationship with your child.

Types of Custody

Custody is generally divided into two main categories:

Physical Custody:

Determines where the child lives.
Can be:
- Sole Physical Custody: The child primarily lives with one parent.
- Joint Physical Custody: The child splits time between both parents, though not always 50/50.

Legal Custody:

Refers to the right to make important decisions about the child's life (education, healthcare, religion).
Can be:
- Sole Legal Custody: One parent has the decision-making authority.
- Joint Legal Custody: Both parents share decision-making responsibilities.

Visitation Rights

If you do not have primary physical custody, you are entitled to visitation rights unless the court determines that it would be harmful to the child.

Standard Visitation: Typically includes every other weekend, one evening per week, alternating holidays, and extended time during summer.
Supervised Visitation: If there are concerns about safety, a third party may be required to supervise visits.
Virtual Visitation: Video calls or online communication, especially if you live far away.

Court Orders and Parenting Plans

Custody and visitation rights are legally outlined in a Parenting Plan or Court Order.
This document details the custody arrangement, visitation schedules, holidays, and decision-making responsibilities.
Once signed by a judge, it is legally binding.

Your Rights Include:

Time with Your Child: Even if you don’t have physical custody, you have the right to regular visitation unless there is a court order stating otherwise.
Access to Medical and School Records: If you have legal custody (even if it’s joint), you are entitled to be informed about your child’s health and education.
Decision-Making Authority: If you have joint legal custody, you have equal say in major decisions.
Fair and Equal Treatment: You have the right to be treated fairly in terms of visitation schedules and communication.

Modifications and Enforcement

If circumstances change (e.g., relocation, job change, health issues), you can request a modification of the custody agreement.
If your ex is violating the agreement (e.g., refusing visitation), you can:
- Document each incident
- Communicate in writing
- File a motion for enforcement in family court

What If There’s Conflict?

If you’re experiencing conflicts over custody or visitation:

Mediation: A neutral third party can help resolve disputes.
Court Intervention: If mediation fails, a judge will make the final decision based on the best interests of the child.

Example Scenario:

If you have joint legal custody but your ex is making all the medical decisions without consulting you, you have the legal right to object. You can file a motion with the court to enforce your right to be included in decisions.

Get more info with The Divorce Guide →

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