Child Custody & Visitation Blog

Virginia Child Custody

index6 Title 20 in the Code of Virginia contains the laws and rules about child custody proceedings. These are important for parents who are involved in a custody situation to know. Here are some of the more pertinent laws about making a Virginia parenting plan.

Children should have frequent and continuing contact with both parents. Section 20-124.2 states that the court of Texas will ensure that children have frequent and continuing contact with parents. Along with this, the law encourages both the mother and father to stay involved in the responsibilities of raising the child. This law especially applies as parents make a Virginia custody schedule. The schedule should give both parents access to the child. When a child lives primarily with one parent, a Virginia visitation schedule must still give the other parent adequate time with the child. Virginia courts are very hesitant to accept a schedule that gives little or no time to the other parent.

There is no presumption in favor of either parent for awarding custody. Section 20-124.2 clearly states that the law gives no preference of custody to either the father or mother as the custodial parent. When the parents are not able to agree on a Virginia custody agreement, the court determines the custody arrangements (including the custodial parent) based on what benefits the child’s welfare the most.

The child’s needs and welfare are the most important. All of Section 20-124.3 is devoted to helping courts and parents make decisions in the child’s best interest. Here are some of the factors that parents should consider when making a plan to ensure that it is in the best interest of the child: the age and physical and mental condition of the child, the age and physical and mental condition of the parents, the existing relationship between the child and each of the parent, the relationship between the child and the child’s siblings, the role that each parent has played and will play in the future, the ability of each parent to encourage the child to develop a relationship with the other parent, the reasonable preference of the child, the willingness of the parents to cooperate, and any other relevant factor.

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Texas Child Custody

The Texas Family Code contains the laws and statutes about domestic relations. Specific laws about child custody are found in Chapter 153 of the code. Parents need to know these laws to get a Texas parenting plan accepted by the court.

The state of Texas includes a law that encourages parents to work together on their Texas custody agreement. Chapter 153.007 includes the information about an agreed plan. A mother and father should try to collaborate on an agreement and if they are able to make one they can submit it together to the court. Unless the court finds that the agreement isn’t in the best interest of the child (this is a rare occurrence) the court will accept it.

Texas custody laws are in place to: assure that children have frequent and continuing contact with both parents; provide a safe, stable, and nonviolent environment for the child; encourage parents to share in the rights and responsibilities of raising the child after they have divorced or separated; and to never connect the right of visitation with the requirement to pay child support. These are important things to think about for a Texas custody schedule. The schedule should give the child frequent and continuing contact with both parents. A Texas visitation schedule must give both the parents opportunities to help raise the child and fulfill important parental obligations.

Section 153.002 of the law states that every custody decision made in the state must be done in the best interest of the child. The factors that the court considers when determining what is in the child’s best interest are: whether the needs and development of the child will be fulfilled by joint custody, the ability of the parents to put the child’s welfare first and reach shared decisions that benefit the child, whether each parent can encourage the child to develop a relationship with the other parent, the geographic proximity of the parents’ residences, the child’s preference, and any other factor.

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Pennsylvania Child Custody

index5 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.

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Ohio Child Custody

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.

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Colorado Child Custody

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.

Categories: State custody information

North Carolina Child Custody

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.

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New York Child Custody

index4 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.

Categories: State custody information

New Jersey Child Custody

Title 9 of the New Jersey Permanent Statues contains the laws about child custody for the state. This is imperative information for parents who are involved in a custody situation, particularly as a mother and father try to create a New Jersey parenting plan and New Jersey custody agreement. Here are some of the laws and guidelines to know.

The Superior Court in New Jersey has jurisdiction over custody matters. The Superior Court has authority to make decisions about the minor child if the parents are living separate or divorced. This is also the court that must approve any parenting plan and custody schedule. It is best if parents can agree on a plan because they can file it together to the court. If the parents are unable to cooperate, each parent should prepare a proposed agreement to show the court and the judge will determine the final custody arrangements.

Children should have frequent and continuing contact with both parents after the parents separate. In Chapters 2-4 of Title 9 in the New Jersey Statutes, the state makes it very clear that it considers the child’s best interest to be involved with both parents after a separation. This must be shown in a New Jersey custody schedule. This statute also states that neither parent is given a preference regarding the granting of custody–that means that the father and mother both have an equal chance for custody. A New Jersey visitation schedule must provide the parent who doesn’t have custody with significant time with the child.

Everything should be done in the child’s best interest. The standard for any custody decision is that everything should be done in the best interest of the child. These are the factors, contained in the law, that the judge will consider when determining what the best interest will be: the parents’ ability to agree, communicate and cooperate; the parents’ willingness to accept custody and any history of denying the other parent visitation; the interaction and interrelationship of the child with parents and siblings; any history of domestic violence; the preference of the child; the needs of the child; the stability of the home environment; the child’s education; the fitness of the parents; the location of the parents’ homes; the roles of the parents before the separation; the parents’ employment responsibilities; and the age and number of children. Parents should use these factors to guide them as they create the child custody and visitation schedule.

Categories: State custody information

Minnesota Child Custody

Minnesota child custody laws are found in Chapter 518 of the Minnesota Statutes. Within these chapter are the specific requirements and guidelines that parents must follow in their custody situations. Here is a brief overview of the statutes so that parents can navigate through the custody proceeding.

The creation of a parenting plan. Chapter 518.1705 contains the information about the laws that affect the making of a Minnesota parenting plan. The plan must contain a schedule of the time each parent spends with the child, an allocation of decision-making responsibility concerning the child, a method for resolving disputes, and any other issues the parents want to include. If parents aren’t able to cooperate on a Minnesota custody agreement, the court has the authority to intervene and make a plan.

Parent Education Program. Chapter 518.157 in the Minnesota Statutes requires parents in a custody situation to attend a parent education class. These classes are sponsored by the court, so the county court will have the schedules and information about what classes are necessary. These classes help parents understand the impact that divorce has on the children and educates them on creating the best parenting plan and resolving disputes. If a mother and father are involved in a contested custody battle, there are additional classes they must attend.

The best interest of the child. The state of Minnesota makes it very clear that any custody decision should be made in the best interest of the child. Here are the factors the state considers that determine what is best for the child. These are especially applicable as parents create a Minnesota custody schedule.

1. The wishes of the parents and the reasonable preference of the child.

2. The primary caretaker and the intimacy of the relationship between each parent and the child.

3. The interaction and relationship between the child and siblings and other significant family members.

4. The adjustment to home, school, and community.

5. The length of time the child has lived in a stable, satisfactory environment and the permanence of the existing or proposed custodial home.

6. The capacity and abilities of the parents to fulfill the needs of the child.

A Minnesota visitation schedule needs to allow the child to have enough time with the mother and father. The amount of time given to each parent can depend on the parenting abilities of the mother and father. The state considers the best situation when both parents are capable of providing for the child and both parents stay involved.

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Wisconsin Child Custody

index3 The state of Wisconsin upholds the standard of “the best interest of the child”. This means that every child custody decision in the state is based on what is best for the child. This is very important to remember when creating a Wisconsin Parenting Plan or Wisconsin Custody Agreement. Everything that is done in these important documents should be for the child’s welfare and help fulfill the needs of the child. Here is a list of the factors that the state considers when deciding about what is best for the child. (These are found in the Wisconsin Statutes, Section 767.41).

1. The preference of the child and the wishes of the parents. The mother and father should think about what the child wants and also what works for their particular situation.

2. The child’s adjustment to home, school, religion, and community. This is necessary to think about for a Wisconsin custody schedule. The parents must ensure that the child feels comfortable with his/her routine. The child shouldn’t be uprooted from school and community because the parents separate. Some children have an easier time adjusting and the schedule can reflect more change. Other children need more stability and the schedule should reflect continuity.

3. The mental and physical health of all individuals involved.

4. Any findings or recommendations of a neutral mediator.

5. The availability of child care.

6. Any history of spouse or child abuse, or any significant drug or alcohol abuse.

7. Whether one parent is likely to unreasonably interfere with the child’s relationship with the other parent. The law encourages parents to work together to figure out their custody arrangements. This is generally better for everyone involved and usually means the child’s best interest is accounted for.

8. Any parenting plan or other written agreement between the spouses regarding the child.

9. The amount of quality time that each parent has spent with the child in the past. This is also necessary to think about for the Wisconsin visitation schedule. Neither parent should suddenly be cut out of the child’s life. If the mother and father have been around the child, the child should have ample visitation with both parents. The visitation schedule should provide the mother and father with enough time to further develop and maintain a positive relationship.

10. Any changes that a parent proposes in order to spend more time with the child in the future. Some parents haven’t been very involved with the child. If a parent wants to change that to be more involved, that is considered better for the child. The parents should figure this out in their custody and visitation schedule.

11. The age of the child and the child’s developmental and educational needs. The parenting plan should be customized for the child and should allow for changes as the child grows older.

12. The cooperation and communication between the parents and whether either parent unreasonably refuses to cooperate with the other.

13. The need for regularly-occurring and meaningful periods of physical placement in order to provide predictability and stability for the child.

14. Any other factors except the sex and race of the parent.

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Maryland Child Custody

The laws for child custody in the state of Maryland are found in Title 5 and Title 9 of the Family Law section of the Maryland Code. Within these statutes, parents can find the necessary guidelines to create their Maryland parenting plan and custody agreement as well as the custody and visitation schedule. This is important information for a mother and father involved in a custody situation in Maryland to know.

1. Neither parent is given a preference for custody. Title 5-203 clearly states that neither parent is given preference for custody. This means that custody can be awarded to the father, to the mother, or jointly. This section of law also explains that both parents are equally responsible for the child’s support, care, welfare, nurture, and education. This is an important factor for a Maryland custody agreement. The parents should try and work together to come up with what is best for the child.

2. When the child reaches 16, he/she can file a petition to change custody. Title 9-103 states that when a child reaches the age of 16, he/she can file a petition for a change of custody. Parents should consider this as they create a Maryland custody schedule. They should make a schedule that adapts as the child grows older, and they should be prepared for the child to have a say in the schedule when the child reaches 16.

3. Grandparents and visitation. The state of Maryland will consider a petition by a grandparent to have visitation rights. The grandparent will be awarded visitation if it is found to be in the best interest of the child. This could be a big factor in a Maryland visitation schedule. If the child has had a lot of contact with grandparents, and if the child would benefit by having further contact, the parents should make sure that happens.

4. Denial of custody or visitation because of abuse. A mother or father who has been abusive does not have the right to have visitation with the child. Title 9-101 states that if there is evidence that a parent has been abusive, the court can deny that parent visitation rights. Supervised visitation is also an option if the safety and well-being of the child can be assured during the visit. If supervised visitation is necessary, the parents must include the information about that in the parenting plan and custody schedule.

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Michigan Child Custody

Michigan child custody laws are found in Chapter 552 of the Michigan Revised Statutes. Within these statutes, parents can find the necessary information to make a Michigan parenting plan and Michigan custody agreement. Here is some of the information that Michigan parents should know.

Both parents should have reasonable parenting time with the child. This allows for a lot of flexibility as the parents make their custody and visitation schedules, and it also means that a Michigan custody schedule must be fair to the mother and father. The amount of time the child spends with each parent depends on the child’s needs. Each parent should have enough time with the child to develop and maintain a healthy relationship. A Michigan visitation schedule must include all of these elements. The statute also encourages parents to have joint custody whenever possible.

Chapter 552.501-552.535 is the Friend of the Court Act. This act requires parents who are not able to agree on a custody and visitation schedule to meet with a friend of the court who can help them make fair custody arrangements. It is very similar to mediation and the goal is to help the contested case get resolved before going to court. The court appoints a friend of the court who acts in the child’s best interest and parents should put forth a good faith effort to work with each other and the friend so that the best custody schedule can be determined.

If the parents are still not able to agree on the visitation schedule, they must go to court and let a judge decide about the schedule. Some of the factors that the judge will consider when thinking about the best interest of the child are: the love, affection, and other emotional ties between each parent and the child; the capacity of the each parent to give the child love, affection, and guidance and to continue the education of the child; the ability of each parent to provide food, clothing, medical care, and other needs to the child; the length of time the child has been in a stable environment; the permanence of the existing or proposed custodial home; the moral fitness of the parents; the health of the parents and the child; the child’s home, school, and community; the preference of the child; the willingness of the parents to encourage the child to see the other parent; any history of domestic violence; and any other factor that is relevant to the particular case.

Categories: State custody information

Massachusetts Child Custody

The child custody laws and guidelines for Massachusetts are found in The General Laws of Massachusetts Chapter 208 Section 31. The following points of law are especially applicable as parents create a Massachusetts parenting plan and Massachusetts custody agreement.

1. Either parent may be awarded custody. Section 31 explicitly states that “custody may be awarded to either parent”. Neither parent should just assume that they will get custody because they are the mother or father. When deciding who the custodial parent will be, parents should decide based on what is best for the child. If both parents want to stay involved, they can create a joint Massachusetts custody schedule that gives plenty of time to each parent.

2. Shared custody is an option. The rule is very clear that the court does not have a preference for or against shared physical or legal custody. However, parents who want a shared custody arrangement will be able to have it in Massachusetts. Shared custody doesn’t mean that both parents get exactly the same amount of time with the children, rather it means that both parents contribute and are involved in raising the children. The Massachusetts Association of Family and Conciliation Courts have produced a brochure called Planning for Shared Parenting: a Guide for Parents Living Apart. This can be very helpful in creating the right shared Massachusetts visitation schedule for different aged children.

3. Everything should be done in the child’s best interest. The court considers the happiness and welfare of the child in every custody decision. The parents should also make this the focus of their parenting plan and custody schedule.

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Illinois Child Custody

Chapter 5, Part 6 of Chapter 750 of the Illinois Compiled Statutes contains the state’s laws for child custody. It is crucial for parents to know and understand these statutes, especially as they are creating an Illinois parenting plan and Illinois custody agreement.

The Illinois statues state very plainly that any decision by the court in any custody matters will be done in the best interest of the child. The court considers the following when determining what is best for the child: the wishes of the parents and the child concerning custody; the interaction and interrelationship of the child to the child’s parents, siblings, and others; the child’s adjustment to school, community, and family; the willingness of either parent to encourage the child’s relationship with the other parent; the health of the child and the parents; and if there has been any history of abuse or domestic violence by either of the parents.

Courts in Illinois have the power to order a joint custody agreement if it is in the best interest of the child. The law specifies two factors that influence if joint custody is an option: the resident locations of the parents and if the parents can cooperate and adhere to a Joint Parenting Order. Joint custody doesn’t mean that each parent gets exactly equal time with the children. Rather, the parents will set up a custody and visitation schedule that gives substantial time to each parent with the children. And, the parents will share in parental responsibility.

Parents should create an Illinois custody schedule that outlines the time that each parent has with the children. This schedule should include the repeating cycle of custody and visitation, a holiday schedule, vacation time, and special events. The Illinois visitation schedule is an important part of the parenting plan and custody agreement.

To get a custody and visitation schedule accepted by the court, the parents can work together and submit a plan jointly, or each parent can submit a proposed plan and let the judge determine the final schedule. Either way, once a schedule is adopted by the court it becomes a court order. The parents are legally bound to follow it or they can be held in contempt of court.

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Georgia Child Custody

index2 Here are some state specific custody laws and guidelines for the state of Georgia.

1. Georgia law requires that parents submit a Georgia parenting plan to the court. This plan must include, but isn’t limited to, where the child spends every day of the year, information about transportation, the allocation of decision making authority, and the limitations for parents contacting the child when the child is with the other parent.

2. The best way to include information in the Georgia custody agreement about where the child spends every day of the year is to include a custody and visitation schedule. A Georgia custody schedule should include the every day residential cycle (the repeating cycle of custody and visitation), the holiday schedule, vacation time, and special events where the custody changes.

3. Information about transportation can include: the time of exchanges, where the parents will meet for exchanges, the transportation for exchanges, the costs of transportation, etc.

4. A Georgia visitation schedule must provide significant time with both parents. This means that both parents should have enough time with the children to develop a meaningful relationship with the child.

5. When the child is 14 and older, the child has a say in the parenting plan and custody schedule.

6. The parents can work together to have a plan accepted by the court. If the parents are not able to cooperate, the court will determine all custody arrangements.

Categories: State custody information