Child Custody

Courts must determine an appropriate custody/visitation plan
which is in the best interest of the children. Both you and your spouse must file with the
Court a proposed “Parenting Plan” which spells out all details of how the parenting
relationship will be handled between you, your spouse and your children. There are two
sub-categories of custody, “physical custody” and “legal custody”.

Physical custody describes the actual physical placement of the child with either or both
parents at what times and under what conditions. Legal custody refers to the right to
make major decisions affecting the child’s health, education, religion and welfare.

There is a spectrum with regards to both physical custody and legal custody, ranging
from sole to joint. The law prefers a joint custody plan with a visitation schedule that
accommodates the needs of the child and the parents. If you have children, it will be
necessary for you to complete a parent education class prior to the Court granting your
divorce. Please contact our office for further information on this requirement.

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