Child Custody & Visitation Blog

The Kentucky Revised Statutes contain the laws concerning child custody. This is important information for a parent to know when making a Kentucky custody agreement or Kentucky parenting plan.

The best interest of the child. The court makes all decisions in the best interest of the child. Parents should hold to this standard and also strive to make all custody arrangements with the child’s welfare in mind. A Kentucky custody schedule should be made to fulfill a child’s needs and provide for the child. Here are the factors that a court considers when determining what is best for the children. Mothers and fathers also need to think about these.

• The wishes of the child’s parent or parents, and any de facto custodian, as to his custody.
• The wishes of the child as to his custodian.
• The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child’s best interests.
• The child’s adjustment to his home, school, and community.
• The mental and physical health of all individuals involved.
• Information, records, and evidence of domestic violence.
• The extent to which the child has been cared for, nurtured, and supported by any de facto custodian.
• The intent of the parent or parents in placing the child with a de facto custodian.
• The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school.

De facto custodian. As seen above, Kentucky considers a de facto custodian as an important figure in the child’s life. A defacto custodian is someone who has physically cared for and provided financially for the child. If the child is under three years old, the custodian must have lived with and taken care of the child for six months. If the child is over three years old, the custodian must have cared for the child for one year. The presence of a de facto guardian adds another layer to a Kentucky visitation schedule.

Joint custody. Joint custody is an option in Kentucky. The court doesn’t necessarily have a preference for it, but the court will award it if it is in the best interest of the child. Generally, it is best if the parents can work out some kind of joint custody arrangement.

Louisiana custody laws are found in the Civil Code of the Louisiana Code. Articles 132-134 are especially important to parents as they create a Louisiana custody agreement and Louisiana parenting plan. Here is a summary of the information in the statutes.

The presumption of joint custody–Article 132. This statute explains that if the parents agree on the custody arrangements, the court will accept them. If the parents are not able to agree, the court awards joint custody to the parents. This doesn’t mean that a Louisiana custody schedule has to split the time exactly between the parents, instead it means that each parent is expected to be involved and participating in the child’s life. The parents can decide how to share the joint custody.

The best interest of the child. The law states that every decision about custody must be made with the best interest of the child in mind. Here are some of the factors the court considers when determining what is in the best interest of the child (this is found in Article 143):

• The love, affection, and other emotional ties between each party and the child.
• The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
• The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
• The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
• The permanence, as a family unit, of the existing or proposed custodial home or homes.
• The moral fitness of each party, insofar as it affects the welfare of the child.
• The mental and physical health of each party.
• The home, school, and community history of the child.
• The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
• The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
• The distance between the respective residences of the parties.
• The responsibility for the care and rearing of the child previously exercised by each party.

All of these are important issues that affect a Louisiana visitation schedule. The mother and father need to ponder them deeply so they can come up with a solution that helps the child.

Title 20 in the South Carolina Code of Laws contains the rules that guide domestic relations. This is the section that contains the information about child custody laws.

Section 20-3-160 of the law concerns the care and maintenance of the child. This is essential to know for a South Carolina parenting plan, because the plan is how the parents plan to maintain care for the child when they are not together. This code gives authority to the court to make decisions about the care, custody, and maintenance of the children after the parents separate. The court can make these decisions at any time after the separation, and they can also revise a previous order. The law states that the court must make these decisions in the best spiritual and other interests of the child. Therefore, a South Carolina custody schedule must clearly demonstrate that it benefits the child’s welfare.

Along with this, the code specifies the process of getting a South Carolina custody agreement accepted by the court. If the parents agree, the court will accept the agreement that is submitted jointly. If the parents are unable to agree, they must both present a case to the judge and the judge will determine the plan. Once the agreement is accepted, it becomes the custody order and it is legally binding.

One last thing to consider is Section 20-7. This law has been repealed, but it still contains valuable advice that parents should know. The state used to take very seriously the wishes of the child when deciding custody matters. The weight given to the child’s preference depends on the child’s maturity and reasonableness. Parents should think about if their child has a strong opinion about the custody and visitation schedule. Of course, the child shouldn’t determine everything in the schedule, but the opinions can be considered and the parents can include the child as much as possible in the proceeding. So, a South Carolina visitation schedule should reflect (if reasonable) the preferences of the children.

If you are living in Alabama and involved in a custody situation, you need to familiarize yourself with Title 30 of the Code of Alabama. This section of law contains the information about custody proceedings in the state. Many of these laws and guidelines are helpful when creating an Alabama custody agreement and Alabama parenting plan.

Joint custody. The state encourages both parents to stay involved in the child’s life. Joint custody is recommended and desired by the court–if it is a possibility. Joint custody simply means that the parents will both help to raise the child. They can set the specifications as far as what each parent will do. It doesn’t mean that an Alabama custody schedule gives equal time with the child to both parents.

The court will order joint custody, even if the parents don’t agree to it, if it is in the best interest of the child. When determining if joint custody is in the best interest of the child, the court considers: the agreement or lack of agreement of the parents on joint custody; the past and present ability of the parents to cooperate with each other and make decisions jointly; the ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent; any history of or potential for child abuse, spouse abuse, or kidnapping; and the geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody. If both parents request joint custody, the presumption is that joint custody is in the best interest of the child and joint custody will be granted.

Alabama Child-Parent Relationship Protection Act. This act is found in Title 7A of Title 30. This is especially important as parents create an Alabama visitation schedule. This act simply declares that the state thinks both parents should have continuing and frequent contact with the child, even after a divorce or separation. It is generally in the best interest of the child to be with both parents. As you create a visitation schedule, be sure that each parent is given adequate time with the children.

Missouri child custody laws are found in the Missouri Revised Statutes in Section 452. This information is important for separating or divorced parents in Missouri–especially as they create their Missouri custody agreement. Here is an overview of some of the statutes that impact how the Missouri parenting plan should be made.

The child should have frequent, meaningful, and continuing contact with both parents. Section 452 of the statutes makes it clear that the state considers it in the best interest of the child to see both parents frequently. This enables the father and mother to have a meaningful relationship with the child–which is what children need. Thus, a Missouri custody schedule must give adequate time to both parents in order to be accepted in court. This section also states that the parent who encourages the child to have this contact with the other parent is more likely to be granted custody of the child.

The relationship of the child with parents, siblings, and other significant persons. The state deems it important that the child should be able to continue to have and develop relationships with other family members after the parents separate. This means that a Missouri visitation schedule should take other family members into account for visiting time. The child should have time with siblings and possibly grandparents.

The adjustment of the child to the child’s home, school, and community. This is an important factor that the court considers that affects the best interest of the child. Children do best when they have stability in their environment. It isn’t fair for the parents to expect the child to continually adjust to new situations. Every care should be taken that the child stays in the same school and is still allowed to participate in the community.

The Pennsylvania custody laws are found in Title 23 of the Pennsylvania Consolidated Statutes. These are the laws that guide the custody proceedings from the moment the parents separate to the final custody order. It is very important that parents learn these laws so that they can end up with a positive custody situation.

A Pennsylvania parenting plan should be in the best interest of the child. Part 5 of Title 23 in the Statutes requires that all decisions made about child custody must be done to promote the best welfare of the child. This is especially true in a Pennsylvania custody agreement. Everything in the plan and agreement should benefit and provide for the child.

The court has a list of factors to consider when determining if a Pennsylvania custody schedule or plan is in the best interest of the child. These factors include: the character of the parents, the current living situation of the child, the parenting abilities, if the parents allow the child to have access to the other parents, and if there has been any history of abuse or violence. The court will think about these factors when analyzing a Pennsylvania visitation schedule to see if the schedule is helping the child. For example, it is unlikely that the court will approve a plan where a parent suggests that no time is given to the other parent. This isn’t in the child’s best interest and reflects poorly on the parenting abilities.

The Pennsylvania court is given authority to have the final say in custody matters. Parents who are able to agree on a plan and schedule can submit it to the court to be accepted. Parents who are not able to agree must each present a case to the court. A judge will determine what is best for the child, and that decision will be the custody order. The mother and father must follow the custody order or they can be held in contempt of court.

Ohio custody laws are found in Title 31 of the Ohio Revised Code. Parents in a custody situation need to use these laws to guide them through the custody process. Here is a brief overview of some of the important statutes.

Chapter 3109.04 of the law requires parents who are separating or divorcing to come up with an Ohio parenting plan that shows how the parents will continue to take care of their children physically and legally. This plan can also be called an Ohio custody agreement.

Section A of 3109.04 of the law specifies that the court has the authority to make decisions about parental responsibilities and rights concerning their minor children. The court must approve any parenting plan or custody agreement. The court that handles custody matters is the county court. Parents should contact or visit that court to find more specific information for their county.

Section B-1 of the same chapter of law states that all of the child custody decisions must be made in the best interest of the child. This especially applies to an Ohio custody schedule. In order to approve a custody schedule, the court must consider the following factors to make sure it is in the best interest of the child: the interaction between the parents and the child; the interaction between the child and the child’s siblings; the adjustment of the child to home, school, and community; and if the parent’s have been able to cooperate or honor previous agreements. An Ohio visitation schedule needs to incorporate these factors and help fulfill the child’s needs.

Section D of chapter 3109.04 in the Ohio Revised Code deals with getting a plan or schedule accepted by the court. Parents who work together and submit a plan jointly have an easy time getting the court to approve it. If the parents are not able to agree, the court will determine the custody arrangements. Each parent should prepare a proposed plan to show the court, and the judge will decide what is best for the child. Once a plan becomes a custody order, it is legally binding and the parents must follow it. Changes can only be made to the plan by going through the court.

Parents in Colorado who are involved in a custody situation need to familiarize themselves with Title 14 of the Colorado Revised Statutes. These statutes contain the laws and guidelines the state has legislated concerning child custody.

Title 14-10.4 is the Parenting Time Enforcement Act. This act was set forth by the state to declare that the state recognizes that in most instances it is in the child’s best interest to have quality time with both parents. The state encourages the child to spend significant time with the parent the child doesn’t live with, and there are even some state programs that work to make sure this happens. This is an important act to consider when making a Colorado visitation schedule. The child may live primarily with one parent, but the other parent still has the right to see the child. And, it is in the best interest of the child to stay in contact with both parents. There should be significant visitation time granted to the other parent.

Title 14-10-124 goes right along with the Parenting Time Enforcement Act because it states that it is in the best interest of the child that the child have frequent and continuing contact with both parents. This section of law also encourages parents to work together to come up with a Colorado custody schedule that allows both parents to be involved in the raising of the children. There should be love, affection, and frequent contact between the parents and the children.

The standard for all custody decisions in Colorado is the best interest of the child. The court will not decide anything that doesn’t benefit the children. In determining if a Colorado custody agreement provides for the best welfare of the child, a judge will consider: the wishes of the child and the parents; the child’s adjustment to home, school, and community; the interaction between the child and the parents, siblings, and other family members; the mental and physical health of everyone involved; the ability of the parties to encourage love, affection, and contact between the child and the other party; the past patterns of involvement; the physical proximity of the parents’ houses; the ability of each party to place the child’s needs above his/her own; and if there has been a history of abuse. The mother and father should also consider these as they make their plan.

Title 14-10-123.7 recognizes the research that shows the detrimental effects that divorce has on children. Because of this, the state has set up a program to provide education classes to teach the parents how to help their children cope with the divorce and separation. A court can require that parents attend these classes so that parents can learn how to work with their children during this difficult time. Parents will also learn suggestions for making a Colorado parenting plan in the class.

Chapter 50 of the North Carolina statutes contains the laws that govern child custody proceedings. Here are some of the highlights from these statutes that can help parents with their custody situation.

Mediation Requirement. Section 13.1 of Chapter 50 requires that parents who are not able to agree on their North Carolina parenting plan must attend at least one mediation session. The purpose of this rule is to reduce the hostility between parents, to create a North Carolina custody agreement that is in the best interests of the child, to provide a setting that promotes cooperation, to provide the parties with informed choices, and to reduce re-litigation of custody issues. If there has been a history of domestic violence, this requirement can be waived.

No presumption for custody. In North Carolina, neither parent is given a presumption for custody. This means that the father and mother both have an equal right to be granted custody. The law also allows for the option of joint custody if it promotes the welfare of the child and the parents are able to cooperate sufficiently. This should be considered as a mother and father make a North Carolina custody schedule. The custodial parent should be chosen based on the child’s best welfare. The North Carolina visitation schedule should also allow for each parent to have significant time with the children.

The best interest of the child. Parents who are unable to agree on their plan must go to court and a judge will determine the custody arrangements. The judge will base the decisions on the needs of the child. Some of the factors that the judge will consider when thinking about the child’s best interest are: if there have been any acts of domestic violence between the parties, the safety of the child, and the safety of both parties. The mother and father should hold to the standard of what is best for the child.

Chapter 14 of the New York Consolidated Laws contains the laws that govern domestic issues. Under this umbrella of laws, the state has included guidelines and rules about child custody. A parent involved in a custody situation should learn these laws–especially the ones that relate to the creation of  New York parenting plan.

A very important law in the New York Family Code is the Social Services Law. This law specifically states that the mother and father have an equal right to custody of the children. Neither parent should presume that custody will be granted to them because they are the mother or father of the child. New York also gives parents an option to have joint custody if that is in the best interest of the child. Joint custody means that each parent shares in the responsibility of raising the child by making decisions and providing physical care. A joint New York custody schedule doesn’t mean that both parents get exactly equal time with the children.

Chapter 14 in the Consolidated Laws gives the state of New York authority over child custody matters. This means that the state court has the authority to determine custody arrangements. The best situation would be a mother and father cooperating on a New York custody agreement so that both parents are happy with the end result. However, if that isn’t a possibility, this law gives the power to a judge to make the final decision about the custodial parent, visitation time, legal custody, etc.

The law requires that any custody decision must be made with the child’s best welfare in mind. Some of the factors the judge will consider when determining what is in the child’s best interest are: the parenting skills of each parent, the role each parent played before the separation, the preference of the child, the relationship between the child and parents and siblings, if there has been a history of domestic violence, if the parents are able to get along, etc. The mother and father should consider these factors as they create a New York visitation schedule. The parents will need to show the court how the schedule benefits and provides for the needs of the child.

Once the judge has accepted a plan or schedule, it becomes a custody order. The custody order is a legal document and the court has power to enforce it. If the parents do not follow the order, they can be held in contempt of court.