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When going through a divorce as a parent, your child is likely on your mind. Will you be able to take primary custody of your little one, or will you be restricted to scheduled visits? Understanding child custody laws and visitation rights will be helpful before meeting with a family lawyer. Here’s what you need to know.

Child Custody

There are two main categories to this term: physical and legal custody. If you have legal custody of a minor, you are in charge of making decisions on their behalf, including those regarding education and health care. If you have physical custody, the child lives and stays with you, and you are responsible for their physical well-being. 

lawyerYou and your spouse may choose a sole custody arrangement, in which one parent receives both legal and physical custody, and the other is entitled to visitation. In a primary custody situation, one parent cares for the child for the majority of the time. In a joint custody arrangement, you both share legal and physical custody, and the child spends as much time as possible with both parents. If both parents are present in the divorce proceedings, the courts will assess a wide range of factors to decide on child custody, such as their criminal and civil records, current lifestyles, jobs, and living spaces. 

Visitation Rights

If your spouse is awarded sole or primary custody, it’s often worth fighting for more visitation time with your child. If you can’t agree on a schedule with your spouse, the courts may do so for you, establishing a schedule that’s in the best interests of the child. For example, your little one may stay with you every other weekend, or stay for two weeks in your home and two weeks in their other parent’s house.

If you need to change your visitation schedule—such as after a new job or a health problem—you can file a motion to do so with the help of a divorce lawyer. The court will need proof that your circumstances have changed, especially if you’re also requesting an alteration to the child support payments. For example, they may ask for proof that you’ve been fired from a job. Their goal is to act in the best interests of the child. 

 

When you need a qualified divorce lawyer, contact The Law Offices of Conti, Levy and Salerno LLC. in Litchfield County, CT. With over 75 years of combined experience, this small yet passionate firm will work hard to fight for your best interests, as well as those of your child. To learn more about their team, visit the website. Call (860) 482-4451 to schedule a free consultation with a lawyer.

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