Custody & Visitation Agreements
Custody and visitation agreements come in many forms to suit the needs of both the parents and the child. Either parent can establish custody by petitioning the family court for an order, or parents can develop their own custody agreements between themselves. Likewise, divorcing couples can set their own child visitation schedule, ask the court to enter a schedule for them or leave visitation open so that the noncustodial parent can visit with the child as the family’s schedule permits. Your family’s unique situation will dictate the type of custody and visitation arrangement you should have.
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Primary Custody
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Primary custody is the most common form of physical custody. One parent takes full-time custody of the child, while the other parent visits with the child on a regular basis. A primary custody agreement is warranted when joint custody is not an option, either because one parent is uninterested in taking physical custody or because the court declares one parent unfit to retain custody. The custodial parent is the parent who retains primary custody, while the other parent is the noncustodial parent. If the parents opt for a primary custody arrangement, they should develop a visitation agreement to allow the noncustodial to spend time with the child on a regular basis.
Joint Custody
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A joint custody agreement splits the child’s time between both parents equally. Joint custody arrangements afford the child the most time with both parents, making it the most preferred custody arrangement for all parties involved. Parents who live in the same town can split custody on a biweekly basis--the mother takes the child one week, the father takes her the next--without disrupting the child’s school and extracurricular activities. Parents who live out of town or in different states can opt for long-term arrangements where the child lives with one parent during the school year and the other parent during the summer and school breaks.
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Legal Custody
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Many states split custody into two categories: physical and legal. Legal custody encompasses the decisions regarding the child’s education, medical care, religious upbringing, financial affairs and legal matters. Even in primary custody arrangements, both parents usually retain joint legal custody, so the custodial parent cannot make these decisions without the noncustodial parent’s knowledge and input. If both parents cannot come to an agreement, they must submit their dispute to the family court for third-party mediation instead.
Scheduled Visitation
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Scheduled visitation is an agreement that outlines the days and times during which the noncustodial parent may visit with the child. Visitation agreements are implicated in primary and sole physical custody arrangements, where the noncustodial parent would otherwise have no access to his child. Parents can develop a scheduled visitation agreement around the child’s activities and allot the noncustodial parent time with the child on certain holidays--such as Father’s Day or the parent’s birthday--so both parents spend time with the child on the days most important to them. If the parents cannot agree on a visitation schedule, the noncustodial parent can petition the family court and request the judge order a visitation schedule by which the custodial parent must abide.
Open Visitation
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Open visitation is a concept that formed in the early 1990s. In lieu of a scheduled visitation agreement, the noncustodial parent can visit with the child whenever her schedule permits it. Open visitation is warranted when the noncustodial parent is active in the armed services, law enforcement or another position that keeps her out of the state or country for indefinite periods of time. Parents can also set up an open visitation agreement themselves, which allows both the parents and the child to choose visiting times on an as-needed basis.
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