Custody and Visitation
Residential custody determines where the child will live and with which parent. Legal custody determines authority to make decisions affecting the child's life. Both are extremely important.
When parents are living together with the child, they are both presumed to have joint residential custody and joint legal custody. However, when a divorce occurs, or when parents separate, where the child lives, and who has the decision-making authority to make decisions in the child's life, becomes crucial.
If one parent has sole residential custody of the child, the other parent has visitation. Visitation need not be limited to alternating weekends. Instead, visitation should be expansive, liberal and normalized to ensure that both parents have a hand in the child's upbringing.
Many sole custodial parents seek to restrict or minimize visitation with the child as a form of control over the other parent. Telephone access, weeknight visits, holidays and regular contact is preferred, and aggressive representation will help achieve a fair and just result.
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