Child Custody & Visitation Blog

Rhode Island’s domestic laws are found in Title 15 of the state statutes. Within this section the state has included the laws about child custody. Parents should take the time to become familiar with these laws–especially as they make a Rhode Island custody agreement.

Right to Visitation

Title 15-5-16 and 19 the state protects and explains each parent’s right to have time with the child. To begin with, each parent has equal opportunity to be granted custody of the children. Once a custodial parent has been chosen, the other parent has a legal right to visitation time with the child. A Rhode Island visitation schedule should be made to ensure that each parent has adequate visitation time with the children.

Authority of Court to Make Custody Decisions

Title 15-5-19 also gives the Rhode Island courts the authority to make custody decisions. This is especially applicable when parents are not able to agree on custody. The state encourages parents to work together to make a Rhode Island parenting plan that fits the needs of the child. However, if the parents are not able to agree, the court will establish a plan and a custody schedule. All decisions about custody are made with the best interest of the child in mind.

Once a Rhode Island custody schedule and parenting plan have been accepted by the court, it becomes a court order. This means that the parents are required by law to follow the schedule. If either parent does not comply with the schedule, s/he can be held in contempt of court. This is especially enforced when the custodial parent denies visitation to the other parent.

The laws about Hawaii child custody are found in Chapter 571, Article 31 of the Hawaii Revised Statutes. Here is a brief overview of some of the guidelines.

The Hawaii Parenting Plan

Chapter 571-46.5 requires that parents in a custody situation make a parenting plan. The parents can work together on the plan, or each parent can submit an individual plan. The parenting plan can be general with the parents working out the details informally, or the plan can be detailed. The plan can include: a complete Hawaii custody schedule (with a residential, holiday, and vacation schedule), how the parents will share legal responsibility of the children, how the parents will handle disputes, information sharing and access, etc.

Grandparent Visitation

Chapter 571-46.3 states that grandparents in Hawaii can petition for visitation of the grandchildren. The court will award a grandparent visitation if it is in the best interest of the child. If visitation is granted, a Hawaii visitation schedule must be made to accommodate it.

Best Interest of the Child

Chapter 571-46 explicitly explains that every decision in a custody proceeding must be made in the best interest of the child. Thus, a Hawaii custody agreement must meet the child’s needs and have the child’s best welfare as the focus. Some of the factors that the court will consider when determining the best interest of the child include:

• Any history of sexual or physical abuse of a child by a parent;
• Any history of neglect or emotional abuse of a child by a parent;
• The overall quality of the parent-child relationship;
• The history of caregiving or parenting by each parent prior and subsequent to a marital or other type of separation;
• Each parent’s cooperation in developing and implementing a plan to meet the child’s ongoing needs, interests, and schedule; provided that this factor shall not be considered in any case where the court has determined that family violence has been committed by a parent;
• The physical health needs of the child;
• The emotional needs of the child;
• The safety needs of the child;
• The educational needs of the child;
• The child’s need for relationships with siblings;
• Each parent’s actions demonstrating that they allow the child to maintain family connections through family events and activities; provided that this factor shall not be considered in any case where the court has determined that family violence has been committed by a parent;
• Each parent’s actions demonstrating that they separate the child’s needs from the parent’s needs;
• Any evidence of past or current drug or alcohol abuse by a parent;
• The mental health of each parent;
• The areas and levels of conflict present within the family; and
• If either parent has willfully misused the protection from abuse clause to gain custody of the child.

New Hampshire state laws about child custody are found in Chapter 461-A of the New Hampshire revised statutes. These are important laws for a parent involved in a custody case in the state. Some of these laws apply especially to parents as they make a New Hampshire custody agreement. Here is a brief summary of some of the laws.

1. The state gives no preference to either parent for custody based on the gender of the parent, the gender of the child, or the financial situation of the parent.

2. All custody decisions, including the making of a New Hampshire parenting plan, must be made with the best interest of the child in mind.

3. Factors that the state considers when determining what is in the best interest of the child:

• The relationship of the child with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance.
• The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment.
• The child’s developmental needs and the ability of each parent to meet them, both in the present and in the future.
• The quality of the child’s adjustment to the child’s school and community and the potential effect of any change.
• The ability and disposition of each parent to foster a positive relationship and frequent and continuing physical, written, and telephonic contact with the other parent, except where contact will result in harm to the child or to a parent.
• The support of each parent for the child’s contact with the other parent as shown by allowing and promoting such contact.
• The support of each parent for the child’s relationship with the other parent.
• The relationship of the child with any other person who may significantly affect the child.
• The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children.
• Any evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.
• If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration.
• Any other additional factors the court deems relevant.

Parents should think about these factors as they make a New Hampshire custody schedule so they can ensure the schedule is the best one for the child.

4. The state will listen to the preference of the child if the child is found old enough and mature enough to have a valid opinion. Thus, an older child can influence a New Hampshire visitation schedule.

Child custody laws for the state of Maine are found in Title 19-A of the Maine Revised Statutes. Within these statutes parents can find the necessary information for their custody situations–including the right information about making a Maine custody agreement. Here are some highlights from the law.

Who gets custody? (Section 1653, Title 19-A)

When parents separate in Maine, the court is given authority to award parental rights and responsibilities between the parents. This happens when a parenting plan becomes a custody order. A Maine parenting plan will contain information about the allocation of the child’s primary residence (this can be given to one parent, or both parents can share the primary residence), a provision for child support, a statement of definition about how the parents will share legal responsibility, etc.

In Maine, both parents have an equal right to be the custodial parent–there is no preference given based on the gender of the parent. Parents are encouraged to share the right of primary residency–this means that the child spends significant time with both parents. If it is better for the child to have one parent as the primary residence, the other parent should have ample visitation in the schedule.

This Section also allows that parents who are able to agree on the parenting plan can submit it together to the court and the court will accept it. If the parents are not able to cooperate on an agreement, they will each present information to a judge and the court will determine the agreement.

Grandparent visitation. (Section 1803, Title 19-A)

A grandparent may petition for visitation if one of the children’s parents have died, if the grandparent and the child have a significant relationship, or if that relationship between the grandparent and the child doesn’t exist then the grandparent has made an effort to begin one. The court will grand visitation if it finds that it is in the best interest of the child to do so. If a grandparent is given visitation, a Maine visitation schedule must be made to accommodate it.

Best interest of the child. (Part 3, Section 1653)

All custody decisions in the state of Maine must be made with the best interest of the child in mind. This includes all of the decisions that go into a Maine custody schedule. The schedule must meet the needs of the child and promote the child’s welfare. Some of the factors that the court will look at when deciding what is best for the child include:

• the age of the child;
• the relationship between the child and each parent;
• the child’s adjustment to home, school, and community;
• the stability of any proposed living situation for the child;
• the preference of the child;
• the duration of the current living situation and if it should continue;
• the capacity of each parent to encourage the child to develop a relationship with the other parent;
• the capacity of the parents to cooperate;
• the affect on the child if one parent has sole authority in upbringing;
• if the parents can resolve disputes; and
• if there has been any history of domestic abuse.

Article 32 of the Idaho statutes contains the laws and guidelines the state has concerning child custody. Parents in a custody situation should familiarize themselves with these rules so they can be prepared throughout the proceeding. It is particularly important to know these laws when creating an Idaho custody agreement.

Best Interest of the Child (Section 717)

The state requires that all custody decisions, including the adoption of an Idaho custody schedule, be made in the best interest of the child. Some of the factors that the court considers when determining what is in the best interest of the child are:

• The wishes of the child’s parent or parents as to his or her custody;
• The wishes of the child as to his or her custodian;
• The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
• The child’s adjustment to his or her home, school, and community;
• The character and circumstances of all individuals involved;
• The need to promote continuity and stability in the life of the child; and
• Domestic violence, whether or not in the presence of the child.

As a mother and father create an Idaho parenting plan, they should think about all of these factors and make a plan that fits the needs of the child.

Preference of Joint Custody (Section 717B)

Unless a parent proves otherwise, the state assumes that joint custody is in the best interest of the child. An Idaho visitation schedule should be set up so that both parents have frequent and continuing contact with the child. Both parents are expected to share the responsibilities and duties of raising a child.

Parents in Nebraska who are divorced or separating need to read Chapter 42 Section 364 of the Nebraska Revised Statutes. This is the law about child custody for the state. It can be especially helpful as a parent begins the process of making a Nebraska custody agreement. Here are some highlights from the Statutes.

1. Neither parent is given preference for custody. The mother and father both have an equal right to custody of the children, and neither parent is given preference based on their gender. When making a Nebraska custody schedule and figuring out the custodial parent, the mother and father should consider what is best for the child and make all decisions according to that standard.
2. Joint custody is an option. If it is in the best interest of the child, the parents can have joint legal custody, joint physical custody, or both. This type of custody arrangement doesn’t mean that the child spends exactly equal time with both parents. Rather, it means that the mother and father are both involved in raising and rearing the child. Parents in a joint custody situation should create a Nebraska parenting plan to detail how they will share time and responsibility.
3. In determining the best interest of the child the court will consider the following factors:

• General considerations of moral fitness of the child’s parents, including the parent’s sexual conduct;
• respective environments offered by each parent;
• the emotional relationship between a child and parents;
• the age, sex, and health of the child and parents;
• the effect on a child as the result of continuing or disrupting an existing relationship;
• the attitude and stability of each parent’s character;
• parental capacity to provide physical care and satisfy educational needs of the child;
• the child’s preferential desire regarding custody if the child is of sufficient age of comprehension regardless of chronological age, and when such child’s preference is based on sound reasons;
• and the general health, welfare, and social behavior of the child.

Parents should also think about these factors when making a Nebraska visitation schedule.

Title 9 of Chapter 48 in the West Virginia Code contains the laws and statutes about child custody for the state. Here is a brief overview of some of these guidelines that parents involved in a custody situation should know.

Parent Education Classes and Mediation (48-9-104, 202)

When parents divorce or separate, they must attend a parenting class that is offered by the state. This class teaches parents about how to help their children handle the effects of divorce. It also helps parents create a West Virginia visitation schedule because they better learn about the needs of the children and how the schedule can help those needs.

If a mother and father cannot agree on a parenting plan, they must attend mediation. If mediation isn’t successful, they can go to court and a judge will determine the plan.

Objective of the Law (48-9-102)

The objective for all decisions concerning custody is to ensure the best interest of the child. Therefore, everything that is done in a custody proceeding, and everything that goes into a West Virginia custody agreement, must facilitate:

• the stability of the child;
• Parental planning and agreement about the child’s custodial arrangements and upbringing;
• Continuity of existing parent-child attachments;
• Meaningful contact between a child and each parent;
• Caretaking relationships by adults who love the child, know how to provide for the child’s needs, and who place a high priority on doing so;
• Security from exposure to physical or emotional harm; and
• Expeditious, predictable decision-making and avoidance of prolonged uncertainty respecting arrangements for the child’s care and control.

A secondary objective of custody decisions is to achieve fairness between the parents.

Requirement of a West Virginia Parenting Plan (48-9 Part 2)

Parents in West Virginia must create a parenting plan to submit to the court. If the parents agree on the plan, they can submit one together and it will be accepted. If they are not able to cooperate, each parent must submit a proposed plan that contains the following information:

• The name, address and length of residence of any adults with whom the child has lived for one year or more, or in the case of a child less than one year old, any adults with whom the child has lived since the child’s birth;
• The name and address of each of the child’s parents and any other individuals with standing to participate in the action;
• A description of the allocation of caretaking and other parenting responsibilities performed by each person named in subdivisions (1) and (2) of this subsection during the twenty-four months preceding the filing of an action under this article;
• A description of the work and child-care schedules of any person seeking an allocation of custodial responsibility, and any expected changes to these schedules in the near future;
• A description of the child’s school and extracurricular activities;
• A description of any of the limiting factors as described in section 9-209 that are present, including any restraining orders against either parent to prevent domestic or family violence, by case number and jurisdiction;
• Required financial information; and
• A description of the known areas of agreement and disagreement with any other parenting plan submitted in the case.

A judge will look at these factors and determine a final parenting plan. This plan includes:

• A provision for the child’s living arrangements and each parent’s custodial responsibility, which shall include either:
• A West Virginia custody schedule that designates in which parent’s home each minor child will reside on given days of the year; or
• A formula or method for determining such a schedule in sufficient detail that, if necessary, the schedule can be enforced in subsequent proceedings by the court;
• An allocation of decision-making responsibility as to significant matters reasonably likely to arise with respect to the child; and
• A provision for resolution of disputes that arise under the plan, and remedies for violations of the plan.

A parenting plan may, at the court’s discretion, contain provisions that address matters that are expected to arise in the event of a party’s relocation, or provide for future modifications in the parenting plan if specified contingencies occur.

Chapter 40 of the New Mexico Annotated Statutes contains the laws and guidelines about child custody for the state. Parents involved in a custody situation should acquaint themselves with the information in these statutes–especially as they make a New Mexico custody agreement. Here is a brief overview of some of the laws.

Joint custody (Chapter 40-9.1)

There is a presumption that a joint custody arrangement is in the best interest of the child. If a parent wants a different type of arrangement, they must show the court that the different arrangement benefits the child. The factors that the court considers when determining if joint custody is best include:

• whether the child has established a close relationship with each parent;
• whether each parent is capable of providing adequate care for the child;
• whether each parent is willing to accept all responsibilities of parenting;
• whether the child can best maintain and strengthen a relationship with both parents through predictable, frequent contact and whether the child’s development will profit from such involvement and influence from both parents;
• whether each parent is able to allow the other to provide care without intrusion;
• the suitability of a parenting plan for the implementation of joint custody;
• geographic distance between the parents’ residences;
• willingness or ability of the parents to communicate, cooperate, or agree on issues regarding the child’s needs; and
• if there has been any history of domestic abuse or violence

When joint custody is awarded, the court must approve a New Mexico parenting plan that shows how the custody will be arranged. The parenting plan must include:

• division of a child’s time and care into periods of responsibility for each parent
• statements regarding the child’s religion, education, child care, recreational activities and medical and dental care;
• designation of specific decision-making responsibilities;
• methods of communicating information about the child, transporting the child, exchanging care for the child and maintaining telephone and mail contact between parent and child;
• procedures for future decision making, including procedures for dispute resolution; and
• other statements regarding the welfare of the child or designed to clarify and facilitate parenting under joint custody arrangements.

Grandparent visitation (Chapter 40-9.2)

Grandparents in New Mexico can be granted visitation rights. This can affect a New Mexico visitation schedule. Factors the court considers when deciding to give grandparents the right to visitation include:

• any factors relevant to the best interests of the child;
• the prior interaction between the grandparent and the child;
• the prior interaction between the grandparent and each parent of the child;
• the present relationship between the grandparent and each parent of the child;
• time-sharing or visitation arrangements that were in place prior to filing of the petition;
• the effect the visitation with the grandparent will have on the child;
• if the grandparent has any prior convictions for physical, emotional or sexual abuse or neglect; and
• if the grandparent has previously been a full-time caretaker for the child for a significant period.

Best interest of the child (Chapter 40-9)

The New Mexico standard is that every decision made about custody must be done in the best interest of the child. This includes decisions about the New Mexico custody schedule. Here are some of the factors that the court considers when deciding if a schedule is in the best interest of the child:

• the wishes of the child’s parent or parents as to his custody;
• the wishes of the child as to his custodian;
• the interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child’s best interest;
• the child’s adjustment to his home, school and community; and
• the mental and physical health of all individuals involved.

Chapter 125 of the Nevada Revised Statutes contain the child custody laws that the affect a Nevada custody agreement. Here is an overview of those laws to help separated or divorced parents.

Determining Custody (Chapter 125.480)

In determining custody of a minor child, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly. A Nevada visitation schedule can reflect the joint arrangement, or a custody and visitation arrangement. Neither parent is given preference for custody because the parent is the mother or father of the child.

For a Nevada custody schedule, custody is awarded in the following order of preference, unless the child’s best interest requires differently:

• To both parents jointly pursuant to or to either parent. If the court does not enter an order awarding joint custody of a child after either parent has applied for joint custody, the court shall state in its decision the reason for its denial of the parent’s application.
• To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment.
• To any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.
• To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.

When determining a Nevada parenting plan, the court shall consider the following factors that affect the child’s best interest:

• The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody.
• Any nomination by a parent or a guardian for the child.
• Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
• The level of conflict between the parents.
• The ability of the parents to cooperate to meet the needs of the child.
• The mental and physical health of the parents.
• The physical, developmental and emotional needs of the child.
• The nature of the relationship of the child with each parent.
• The ability of the child to maintain a relationship with any sibling.
• Any history of parental abuse or neglect of the child or a sibling of the child.

Guidelines and laws for Utah child custody are found in Chapter 3 of Title 30 in the Utah Code. Here are some of the highlights from these laws, in particular, the laws that affect how parents should make a Utah parenting plan.

Chapter 3, Section 10

When deciding anything about custody, including the Utah custody agreement, the court considers the best interest of the child. When determining what is best for the child, the court considers: the past conduct and demonstrated moral standards of each of the parties; which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the noncustodial parent; and the extent of bonding between the parent and child, meaning the depth, quality, and nature of the relationship between a parent and child.

Chapter 3, Section 10.2

The state considers joint custody in every custody situation. This doesn’t mean that there is a specific joint Utah custody schedule that must be put in place. Rather it means that both parents are involved with raising the child. This can be through sharing legal or physical custody. When determining if joint custody is best for the children, the court considers:

• whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody;
• the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interest;
• whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent;
• whether both parents participated in raising the child before the divorce;
• the geographical proximity of the homes of the parents;
• the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal or physical custody;
• the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;
• the past and present ability of the parents to cooperate with each other and make decisions jointly;
• any history of, or potential for, child abuse, spouse abuse, or kidnaping; and
• any other factors the court finds relevant.

Utah law makes it very clear that it is usually best for the child to have both parents involved. A Utah visitation schedule needs to reflect this standard and give adequate time to both parents.