Child Custody & Visitation Blog

Connecticut Child Custody

Child custody laws in Connecticut are found in Title 46b of the Connecticut General Statutes. These are important guidelines for parents to know as they go through a custody situation.

Parental responsibility plan. There are a few ways, listed in Title 46b Chapter 56, that a parent can get a custody order from the court. The parents can agree on a Connecticut parenting plan that they submit to the court. There can be an award of joint custody where the parents must come up with an agreement about how they will share responsibility, time, and other decisions about the child. One parent can also have sole custody with an adequate visitation plan for the other parent.

Visitation. Chapter 49 is an interesting statute that also affects the Connecticut visitation schedule. This part of the law explains that the court can grant visitation to any person if it is in the child’s best interest. The person needs to apply for visitation with the court, and the judge can make an order. Generally these visitation rights are extended to grandparents and other members of the extended family. If anyone else is given visitation, the schedule must reflect that.

The parenting education class. Chapter 69b contains a requirement for a parenting education class. This class is offered by the court to educate parents about the impact that the restructuring of families has on the children. The course can include information about the developmental stages of children, how children can adjust to parental separation, how parents can resolve disputes and conflict, how to handle visitation, making a Connecticut custody agreement, and how to help the child handle the stresses of the separation. Parents only have to take this class once, and the court can waive the requirement if necessary.

3. Best interest of the child standard. Right in Title 46 it says that all custody decisions, including the making of a Connecticut custody schedule, must be guided by what is in the best interest of the child. This means that the parents should make the children the focus of everything in the plan, and they should be willing to put the child’s needs above their own. If the child is old enough and mature enough to form an intelligent opinion, the court will listen to the wishes of the child. Parents should consider this as they make the agreement. Sometimes the court will also take the circumstances of the parents’ separation into account as they decide custody matters.

Categories: State custody information

Oklahoma Child Custody

Oklahoma custody laws are found in The Oklahoma Statutes in Title 43. Section 109 contains most of the laws that affect custody situations. Here’s a brief overview.

Oklahoma Parenting plan, Section 109, Part D. Oklahoma requires that the court have a final plan concerning custody matters and arrangements. This plan, often called a parenting plan or custody agreement, is made based on the plan submitted by the parents. If the mother and father are able to agree on the plan, they can submit one jointly that the court will consider. If they are not able to work together, each parent should submit a proposed plan and the court will look at both ideas. The plan needs to detail the physical living arrangements of the child, child support obligations, medical and dental care for the child, school placement, an Oklahoma visitation schedule with information about visitation rights, and anything else the parents want to include.

Joint Custody, Section 109, Part C and E. Oklahoma allows parents the option to have joint custody. If the father or mother wants joint custody, they must submit a plan to the court about how the responsibilities of rearing the child will be divided. This plan must contain the same information as the regular parenting plan (listed in the above paragraph). The court can terminate joint custody at any time if either parent requests it or if it is in the best interest of the child. If this happens, the court will create a new Oklahoma custody agreement that the parents must follow.

Awarding custody, Section 109, Part A. This details how the state awards custody of the children. This is essential to an Oklahoma custody schedule, and parents must figure out how they will arrange custody. Custody will be awarded according to what is in the best physical, moral, and mental interest of the child. Either parent may be awarded custody, or joint custody can be awarded. The state gives no preference to either parent because of gender.

Categories: State custody information

Oregon Child Custody

index9 Chapter 107 in the Oregon Revised Statutes contains the laws about child custody in Oregon. Here is a brief overview of some of the laws that parents can use in their custody situation.

The requirement of a parenting plan. The state requires that parents create an Oregon parenting plan and file it with the court. There aren’t exact specifications for the plan–it can be specific or general. A general plan can include the basic outline for how the parents will share parenting time and parental responsibilities. The parents can then have an informal agreement where they understand the details. The mother and father can also have a very specific parenting plan that details the exact Oregon custody schedule, the holiday schedule, how the parents make decisions, etc.

Joint custody. Oregon gives parents the option to have joint custody if they want. This doesn’t mean that an Oregon visitation schedule gives both parents exactly equal time with the children. The children can still live with a primary custodian and visit the other parent. Joint custody refers to the idea that parents are sharing parental tasks and duties. They can divide them as they wish in their parenting plan. The court will not award joint custody if the parents haven’t agreed to it, nor will the court not allow parents who want joint custody to have it.

Best interest of the child. As in other states, the Oregon standard for all custody decisions is the best interest of the child. Everything in an Oregon custody agreement must benefit the welfare of the child. Here is a list of the factors that the court considers when determining what is best for the children. Parents should also think about these.

The emotional ties between the child and other family members;
The interest of the parties in and attitude toward the child;
The desirability of continuing an existing relationship;
The abuse of one parent by the other;
The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, unless a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

In determining custody of a minor child, the court shall consider the conduct, marital status, income, social environment or life style of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child.

Categories: State custody information

Kentucky Child Custody

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.

Categories: State custody information

Louisiana Child Custody

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.

Categories: State custody information

South Carolina Child Custody

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.

Categories: State custody information

Alabama Child Custody

index8 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.

Categories: State custody information

Missouri Child Custody

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.

Categories: State custody information

Tennessee Child Custody

Chapter 6 of Title 36 in the Tennessee Code contains all of the laws and state information about child custody. This is important information for anyone involved in a custody situation. Here are some of the more applicable rules that parents should know.

The Tennessee parenting plan. The law requires parents in Tennessee to have a parenting plan. The plan must be submitted and accepted by the court. The plan must: provide for the child’s changing needs, establish the authority of each parent with regard to making decisions, minimize the child’s exposure to harmful conflict, and include a residential schedule. The residential schedule is a Tennessee custody schedule and should show where the child is every day of the year.

The standard of the child’s best interest. The court will make decisions about custody according to what is in the best interest of the child. Chapter 6 outlines some of the factors that the state thinks influences what is best for the child: the love and affection between the parents and the child; the disposition of the parents to provide the child with food, medical care, clothing, education, and other necessary provisions; the length of time the child has lived in a stable, safe environment; the stability of the family unit of the parents; the mental and physical health of the parents; the child’s home, school, and community record; the request of the child; each parents’ past or future potential for the performance of parental responsibilities; and the character of persons residing in the parents’ homes. All of these factors should be considered as a mother and father make a Tennessee custody agreement.

Custody may be awarded to either parent. The father or mother may be awarded custody, or the parents can have a shared parenting agreement. The law states that if parents can agree on a Tennessee visitation schedule, the court will accept it. If they cannot cooperate, the court can determine what the schedule will be–along with deciding the other custody arrangements.

Categories: State custody information

Indiana Child Custody

index7 Article 17 of Title 31 in the Indiana Code contains the laws and guidelines about child custody. Here are some important points from these statutes that parents involved in a custody situation should know.

Factors that affect the child’s best interest. In Chapter 2-8 of Article 17, the state has provided parents with a list of factors that the court considers when determining the best interest of the child. All court decisions are made according to this standard, and parents should make sure that they are following it. These factors include: the age and sex of the child; the wishes of the parents; the interaction between the child and the parents, the siblings, and other influential people in the child’s life; the adjustment to home, school, and community; the mental and physical health of everyone involved; if there has been any evidence of domestic violence; and if the child has been cared for by a de facto guardian. All of these factors should also be considered as parents make an Indiana parenting plan. This can help them make the best one for the child.

The state of Indiana allows parents to have joint legal custody. This does not mean that an Indiana custody schedule must give equal time to both parents. It means that the parents share the responsibility to make important decisions concerning the child. The court has no over preference for joint or sole custody and the decision is based on what the child needs.

Parents can work together to submit an Indiana custody agreement to the court. If they are not willing to cooperate, the court makes all the decisions about the custody arrangements. Once the court has decided on an Indiana visitation schedule, the parents must follow it. Any changes to the schedule must go through the court and the parent must show that the change is in the best interest of the child.

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Washington Child Custody

The laws concerning child custody matters are found in the Washington State Revised Code in Title 26. Here are some highlights from the Code that parents should consider.

A Washington parenting plan should maintain the child’s emotional growth, physical health, and mental health. The law states that a parenting plan that is in the best interest of the child will maintain the child’s emotional growth, physical health, and mental health. Parents must think of all these things as they create a plan. These are some factors that parents need to think about to help them determine if the plan is the best for the child: the relative strength, nature, and stability of the child’s relationship with each parent; the daily roles that the parents fulfilled before separating; each parents past and potential future performance of parenting functions; the emotional needs and developmental level of the child; the child’s relationship with siblings and other influential people in the child’s life; the wishes of the parents and the child; and the parents’ employment schedules. All of these influence how a Washington custody agreement should be made.

The court may order a shared parenting time schedule. The state gives the court authority to order a shared parenting time schedule. This has a big impact on a Washington custody schedule. A shared parenting schedule means that the child frequently alternates his or her residence between the houses of the parents. A mother and father can choose this type of schedule before going to court. Some of the factors that a judge will look at when deciding if this is type of Washington visitation schedule should be ordered are: if the parents have been able to cooperate previously, if the parents agree to the arrangement, if the parents live close to each other, if either parent has abandoned the child in the past, if it is in the best interest of the child, etc.

The standard of the best interest of the child. Washington law specifically states that the court uses the standard of what is in the best interest of the child to make custody decisions and allocate parental authority. Parents must focus on this standard as they make their parenting plan and decide anything about custody arrangements.

Categories: State custody information

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.

Categories: State custody information

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.

Categories: State custody information

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.

Categories: State custody information

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.

Categories: State custody information