Separating is much more difficult when there are minor children involved. Of course, you want what’s best for your child as their parent. Deciding where your child will live and how parenting responsibilities are split is not easy. This is a stressful situation to go through for every member of the family, and you may be concerned about what will happen to your children following the separation. Child custody and visitation can be extremely upsetting to worry about, which is why you need a child custody attorney you can put your faith in during this process.

At Lermitte & Lubin, we know that divorce is often hardest on the children, and their best interests should always be prioritized.

Types of Child Custody & Visitation

How child custody is split varies from family to family. While it’s often ideal to keep both parents involved in a child’s life, this is not always possible. Both legal and physical custody must be determined.

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Legal custody gives parents the ability to make important decisions for their children. This often includes making decisions regarding the child’s education, religious upbringing, and medical care.

Joint Legal Custody
When joint legal custody is awarded, both parents are responsible for making decisions for their child. Parents may share legal custody even if one doesn’t have physical custody of the child.

Sole Legal Custody
One parent may be awarded sole legal custody of their child when sharing legal custody isn’t an option. This parent alone is responsible for making decisions on behalf of the child.

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Physical custody gives parents the right to have their children live with them. This includes giving the child day-to-day care and making daily decisions for them.

Joint Physical Custody
How custody of a child is shared can vary. This is not always split 50/50. For example, a child may spend a certain number of days each week with one parent, switch houses every other week, or spend weekends with one parent.

Sole Physical Custody
Parents awarded sole physical custody of their children have the children living with them full time. When one parent is not awarded physical custody of their child, visitation must also be arranged.

Like child custody, there is more than one type of child visitation the court may award a parent.

Unsupervised Visitation
When a parent without physical custody of their child has unsupervised visitation, they may have their child in their own home according to a set schedule.

Supervised Visitation
Supervised visitation requires that a parent have another responsible adult present while they are with their child. This can be a family member of the child or someone else, such as a social worker.

How Are Child Custody & Visitation Determined?

The most important thing the court considers when determining how child custody and visitation will be awarded is the child’s best interest. To determine what arrangement is best for the child, the court looks at various factors, including:

arrignment

The care each parent has provided in the past

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Each parent’s ability to provide stability

Endangering the Welfare of Children

The child’s relationship with extended family

Lack of Evidence

Each parent’s physical location

Innocence

The child’s preference, depending on their age

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Each parent’s mental and physical health

Protection From Abuse Orders

Any potential risk of abuse

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The level of conflict between the parents

Let Lermitte & Lubin Help You Seek Custody of Your Child

Not knowing what the future with your child will look like can be overwhelming. At Lermitte & Lubin, we know the impact that divorce can have on a family. Being an active part of your child’s life and maintaining a loving relationship with them is of the utmost importance, and we will help you fight for it. Our NEPA child custody & visitation attorneys have experience dealing with various family law matters such as this and can provide the support you need.

If you’re separating from your partner and share minor children, you need a qualified attorney on your side. Contact us for assistance today.

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