Child Custody & Visitation Blog

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.

Categories: State custody information

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.

Categories: State custody information

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.

Categories: State custody information

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.

Categories: State custody information

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.

Categories: State custody information

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

Florida Child Custody

Information about Florida child custody is found in Title 6, Chapter 61: Dissolution of Marriage, Support, and Custody in the Florida Statutes and Family Code. This is important information for Florida parents who are involved in a custody situation.

The law requires that parents submit a parenting plan to the court. A Florida parenting plan (you may also hear this referred to as a Florida custody agreement, but the court and the law uses the term parenting plan) must cover three parenting issues: parental responsibility, parental time sharing, and support. Parents should include all of this information in their plans.

Parental responsibility is referring to legal custody. This is the responsibility and right that parents have to make important decisions about their children. The parents must figure out who will be responsible for what decisions and include that in the plan.

Parental time sharing means the custody and visitation schedule. A Florida custody schedule should include a repeating cycle of custody, a holiday schedule, vacation time, and special events. Both parents must have adequate time with the children. The law states that the parents should have frequent and continuing contact with the children. Florida law has a presumption that shared parenting is in the best interest of the child. Parents can choose this arrangement, or the court can order it. This doesn’t necessarily mean that each parent has the children for the exact same amount, but rather that each parent has significant time with the children. This time should be shown in the Florida visitation schedule.

To figure out support, the parents should use the state child support calculator. The state will figure in the income of both parents and the time they each have the children.

Categories: State custody information

Arizona Child Custody

Because every state has different laws and guidelines concerning child custody, it’s important to find out the right information about where you live. Here are some of the important things to know about child custody in Arizona.

The law in Arizona mandates that parents submit an Arizona parenting plan to the court. The parenting plan is the same thing as an Arizona custody agreement, but in Arizona the correct phrase is parenting plan. This plan must contain information about legal and physical custody. Parents need to include provisions that state how the parents will allocate the decision making authority and they should include a custody and visitation schedule that outlines the time the child is with each parent.

An Arizona custody schedule must include a calendar of where the child is every day. This is done by the parents choosing a repeating cycle of custody and visitation, adding a holiday schedule, including vacation time, and making note of special events where the custody changes. The Arizona visitation schedule is a big part of the plan. To help parents figure out the right schedule for their children, the Arizona supreme court has published a guide called Model Parenting Time Plans. Parents can look at these plans for ideas–they don’t need to adopt any entire plan.

Along with information about legal and physical custody, the plan must include a provision for how the parents will make changes to the plan and a provision that states how the parents will periodically review and update the plan.

Parents can work together to make a plan and submit it to the court. If they aren’t able to agree, each parent will have the opportunity to present a plan to the court and explain how it is in the best interest of the child. The judge will consider the following factors when determining what plan is in the best interest of the child: the wishes of the parents and the children; the interaction and interrelationship of the child to the parents, to the child’s siblings, and anyone else who affects the child’s best interest; the child’s adjustment to home, school, and community; the mental and physical health of everyone involved; which parent is more likely to allow the child to have meaningful and frequent contact with the other parent; if one parent has been the primary caregiver to the child; if a parent has reported false child abuse or problems; and if a parent has used coercion or duress to obtain a custody agreement.

Categories: State custody information

California Child Custody

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Every state has its own child custody laws, guidelines, and procedures. There are usually common themes throughout the states, but the final word on custody matters is the state where the parents live. And, there can even be differences in the custody procedures depending on the county in the state where you live. It’s always a good idea to check with your county courthouse to make sure that you understand everything you need to know for you custody case. Here is some custody information that is specific to the state of California.

To begin with, parents in California must create a California parenting plan (this is sometimes called a California custody agreement but the state and courts of California use the phrase parenting plan–they are essentially the same thing). This is a requirement of the law. The plan should contain all of the information about legal and physical custody. Legal custody means the authority the parents have to make important decisions about the child. This can be covered in the plan by the parents allocating he decision making responsibility through provisions and stipulations. As a general rule, the more specific the provisions are, the better. Physical custody can be covered by including a complete custody and visitation schedule.

A California custody schedule must include where the child spends time every day. This can be accomplished by having a repeating cycle of custody and visitation, a holiday schedule, vacation time, and special events in the schedule. The California visitation schedule is a big part of the parenting plan.

If parents are able to agree on the plan, they can submit it together to the court. If they don’t agree, they must attend at least one session of mediation. If mediation isn’t successful, a judge will determine the plan. Once the plan is accepted by the court it becomes a court order and the parents are legally obligated to follow it.

Categories: State custody information

When to Hire a Child Custody Attorney

When parents commence on a child custody case, they often wonder if they should hire or retain a child custody lawyer. Does every situation need an attorney? How can a parent know if they should get a custody attorney? Here are some suggestions to help you know if an attorney could help your case.

1. You and the other parent have disagreed about everything. If you and the child’s parent haven’t been able to get along during any part of your divorce, you will probably need to hire a custody lawyer. The more hostile the situation is, the more you need an attorney to look out for your best interest. In contrast, if you and the child’s other parent have been able to work out a lot of issues together, you will probably be able to work out your child custody issues.

2. You have had problems with temporary child custody. If you and the other parent have had huge fights over the temporary custody situation, you will probably have problems settling the permanent situation. If you and the other parent have been to court over the temporary custody or the other parent has disobeyed the temporary custody order you will want a lawyer to protect your interests. However, if you have been able to come up with a temporary schedule and things have gone smoothly, you may not need an attorney for your case.

3. The other parent hasn’t been fully honest in the past. If the other parent has been sneaky about past actions then you can’t trust them during the custody situation. For example, if the other parent has hidden information during the divorce, has lied in court, has told you things and then acted oppositely, you won’t be able to work things out with them.

4. The other parent has hired an attorney. There are too many instances of a parent not suspecting the intentions of the other parent while the other parent quickly hires an attorney for the custody case. The unsuspecting parent doesn’t realize that the other parent has ceased communication and is rearing up for a custody battle. If the other parent has retained an attorney, isn’t communicating with you, and is avoiding contact, you should hire an attorney for your custody situation.

Categories: Child custody case, Child Custody Issues

Win Your Child Custody Case

Child custody cases can range from simple to complex. Regardless of where your particular case falls on this spectrum, there are a few things you must know about child custody. While learning these tips will not guarantee your success, going to court without them could be disastrous.

Keep these important facts in mind to help you win your child custody case:

What is in the best interest of your child? This is the primary question the family court judge is seeking to answer when he or she awards custody of your child. Keep this in mind in all dealing with the court and court personnel. Everything you do, everything you say, and every paper you file should indicate that you are the stronger candidate for custody of your child.
Be Prepared: Research what happens in a child custody case before you go to court. If you do not know what to expect, you can be swept along by a fast paced trial, and end up with a custody order that does not entirely suit your purposes. By learning what to expect, you will be prepared to answer questions, and be able to state your preferences, and the reasons for those preferences clearly and confidently in court.
Ask for help: If you need help, or don’t understand something, ask questions until you do. If you are representing yourself, it is imperative that you fully understand the different types of custody, and what the court can and can’t do for you. Even if you have an attorney, you should ask questions if you do not fully understand something about your case.
Know what you want: Come to court armed with a custody and visitation schedule already lined out, whether your child’s other parent has agreed to it or not. By knowing what you want, and what you will settle for, you can make a clear and convincing argument for your side. By handing the judge a prepared agreement, you also make it easier for him or her to rule in your favor.
Document everything: Put everything in writing. If it isn’t written down, it didn’t happen, as far as court is concerned. Write down everything from your strong points (a list of what you do for your child daily, different things you do together, etc), to your former spouses weaknesses (they didn’t show up for a meeting, forgot a visitation, have unsafe habits or practices, etc). You should also document the money you spend raising, housing, and feeding your child, for proof of both your commitment, and to your support needs.

While every child custody case is unique, heeding the above advice will make your case stronger, and will make it more likely that you will achieve the outcome you want.

Categories: Child custody case, Winning child custody

Custody X Change 2.76 Released

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I just released a new version of Custody X Change. I’m very excited about this release (more than regular), and here’s why: A month ago I ran a usability test and discovered that although I knew how to use the software, first time users really struggled. Since then I’ve included two big features that will really help to get up the learning curve, fast. These features are:

Explanation boxes. These boxes explain the purpose / definition of the various scheduling layers in the software. They pretty much say what I would say, if I was standing over your shoulder explaining what the feature was all about.
A how-to tips panel, right on the side. This tips panel has common getting started information, as well as answers to a number of common questions that I get about various features. It pretty much says what I would say, if I was standing over your shoulder explaining how to use each feature.

I also added a tracking calendar, per request from a customer. So now you can have a graphical side-by-side comparison by printing off both the scheduled calendar and the actual calendar. This customer wanted to submit both calendars to court, so I set it up. (He wasn’t the only one who asked for it though, I’d been asked a couple other times).

One other thing, I upgraded the programming platform and some components. This looks like some things should be running faster (most notably the provisions tab), and I’ll be tweaking some things to come to get all the horsepower out of it (I have a few ideas to get some more juice out of things). This upgrade should also kill any rare compatibility problems with the latest Windows 7, if there were still any lying around.

If you had uninstalled the software because you didn’t think it had some feature, now would be a good time to try it out again. I’ve noticed that quite a few people had wanted features that were already available, but just weren’t clearly enough explained. I’m hoping these new in-software help features will cure those ills.

Download your free trial by filling in your information on the right.

-Ben

P.S. I’m running another usability test – tomorrow, in fact. So if there are some more ease-of-use problems to be found, hopefully they’ll turn up then.

Categories: Custody X Change