Parents of children, whether through divorce or otherwise, may be faced with issues concerning custody and visitation of their children. Use of the word “Custody” is often meant to refer to legal custody. A person who has legal custody of a child is entrusted with the decision making power regarding the care of children. In most situations, the parents of a child share legal custody of that child such that they must consult with each other when deciding important issues regarding the health, education and welfare of the child. In certain situations where a parent is found to be unfit, engaging in immoral conduct, or extremely careless, custodial rights may be terminated.

Parenting time is a term that is used to describe the time spent together by parent and child where the parent does not live with his or her child. The term takes the place of the term “visitation”. The parent with whom the child resides is called the “Parent of Primary Residence”. The parent with whom the child visits is called the “Parent of Alternate Residence”.

When called upon to decide issues involving custody, the court can consider any factors it deems to be important. However, among other things, it must consider the following:

The parents ability to agree, communicate and cooperate in matters relating to the child; the parents’ willingness to accept custody; the interaction and relationship of the child with its parents and siblings; any history of domestic violence; the safety of the child;  and the preference of the child when of sufficient age.    

Custody and parenting time are very sensitive. They directly affect the parent/child relationship. It is crucial that parents obtain guidance when dealing with these issues. Many times, once custody and parenting time decisions have been made through the courts, they will not be altered unless changed circumstances may be shown. If you are in need of help, contact The Brown DePinto Law Firm today.