Child Custody and Visitation Guidelines

Every state has specific laws regarding child custody, but there are some universal child custody guidelines that every divorcing parent should know. These rules, regulations and tips can help you create the best parenting plan for your child, navigate through any custody disputes and keep you sane during the whole process.

Where will my child live?

One of the first things you will have to decide on in your child custody case is where your child will live so you should be prepared to state his or her primary residence.

Establishing a primary residence is important, even if the child spends an equal amount of time with each parent. This is the address you will submit to your child's school, doctor and any other entity that requests an address.

The primary residence is usually the home where the child will spend the most time, but some states allow parents to take turns using their address as the child's primary address for legal purposes.

How much time will I get to spend with my child?

They amount of time you are able to spend with your child is dependent upon the type of physical custody you have.

Some states may call it something different (such as residential custody). Regardless of your state's technical term for it, physical custody pertains to the physical care and control of the child on a day to day basis.

There are generally three types of physical custody:

• Sole physical custody means the child lives with one parent. The other parent may have visitation time with the child.
• Joint (or shared) physical custody means that the child lives with each parent for significant time throughout the year, though they do not necessarily need to have the child an equal amount of time.
• Split custody means one child lives with one parent and their sibling lives with the other parent. Courts typically prefer to keep siblings together but there are circumstances where split custody makes sense.

Some states have a preference for ruling in favor of joint custody unless it is proven that it would not be in the child's best interest to do so. Other states evaluate custody on a case-by-case basis.

Who will be responsible for making decisions for my child?

The parent that has physical custody of the child is responsible for the day-to-day decisions regarding the child (such as what they will have for breakfast or establishing a bedtime). Making major decisions is a separate right and responsibility.

Legal custody gives a parent the right to make decisions about the child's health, education, religion and other important matters.

There are two types of legal custody:

• Sole legal custody means that only one parent has the right to make major decisions decisions.
• Joint legal custody means that both parents have the right to make major decisions. This is the most common type of legal custody and most parents will share legal custody of their child even if one parent has sole physical custody.

When parents share legal custody, they need to figure out what they'll do if they can't agree. Some parents rely on professionals like mediators and parenting coordinators for help. Others ask a friend or family member to act as the "tiebreaker" and make the final decision.

How do I put all of this information together?

A parenting plan (also called a custody agreement) details all of your custody arrangements.

Your parenting plan may include the following elements:

• The name and age of your child
• A designation of a primary residence for your child
• A declaration as to the kind of physical and legal custody you will have
• A child visitation schedule (or parenting time schedule) that details when your child will spend time with each parent on a routine basis as well as holiday and vacation times
• Any provisions you wish to include, such as details about transporting the child between homes, extracurricular activities and communication
• A method of dispute resolution
• A method for periodically reviewing the plan

Custody X Change's parenting plan template makes it easy to to put all this information into one printable document. Our software guides you through every step of creating a plan. All you need to do is choose the terms you want to include.

What if I can't agree with my ex on custody arrangements?

Parents are encouraged to work together to create a parenting plan that they both agree on, but this is not always possible.

If you are unable to agree on a plan, you will need to seek the assistance of an outside source, such as a mediator, for help. A mediator is an impartial party that will listen to both of you and try to help you find common ground.

If you have tried everything and are still unable to reach an agreement, you'll need to go to court. A judge will decide custody for you.

How will the court determine the outcome of my custody case?

Every court uses the best interest of the child standard when making custody decisions. The child's health, safety, and physical and emotional well-being is the priority.

Some factors the court may consider include:

• The history of the child's care
• The child's relationships with each parent and other important people in the child's life
• Each parent's willingness and ability to properly care for the child
• The needs of the child and how well each parent is able to meet those needs
• The child's adjustment to his or her home, school and community
• Any factors than may be harmful to the child, such as domestic violence or drug abuse
• Any other factors the court finds to be relevant

Some states consider the child's wishes, but courts try to keep the child out of the middle of custody proceedings.

As you create your parenting plan, you should also keep the best interests of your child in mind. Courts are much more likely to approve parenting plans that promote the child's best interests.

The easiest way to make a parenting plan and visitation schedule

Creating a plan and schedule on your own can feel overwhelming. You have to be sure to use airtight legal language and can't omit any required information.

The Custody X Change app takes the guesswork out of the equation. It walks you through each step of creating a parenting plan and helps you build a schedule piece by piece.

Try this with Custody X Change.

As a result, you get documents and calendars that meet your family's needs, as well as the court's standards.

For quick, reliable and affordable help making a parenting plan and custody schedule, turn to Custody X Change.