28 Jun The Difference Between Custody and Visitation
Sometimes, a relationship does not work out. If a couple does not have any children, the process of ending a relationship is a little easier. However, couples with kids must deal with issues such as child support, visitation, and custody. The latter can be especially challenging to figure out because both parents want to spend as much time with their children as possible. It’s important for parents to understand the difference between custody and visitation when going through divorce proceedings or ending a relationship.
What Is Custody?
Custody refers to a residential schedule and the amount of time each parent spends with the child. The court approves a parenting plan that establishes custody as a part of a domestic order or divorce decree.
There are two types of child custody: physical and legal. Physical custody defines where the child will live. Legal custody is the right to make important life decisions about things like education and medical care. Parents may share both physical and legal custody, or the court may assign those responsibilities to one or the other parent alone.
While someone may have sole or the majority of the physical custody of a child, they may or may not have the sole decision making for the child regarding medical, religious and schooling manners. This is called joint decision making and keeps both parents actively involved in raising the children. .Joint custody means that two people share physical custody of the child. It is important that the residential schedule of the child be clearly defined to lessen the risk of dispute between separated parents. If there is ever a dispute the authorities will look to determine what documents have been filed when determining where the child should be.
What Is Visitation?
Visitation is also set up through the courts, and will commonly include joint decision making, as decided by the courts. The difference between custody and visitation is that visitation is as simple as it sounds—a visit with the children. The parenting plan approved or imposed by the court will establish a visitation schedule, which may include overnight stays for the non-custodial parent.
Not everyone is granted visitation rights by the court. To be eligible for visitation, the parent must demonstrate they can provide a safe, stable environment for the child. If there is doubt about the parent or the environment, the court may order that visits be supervised by a social worker.
Going through a divorce with your children is never easy. You always want to make sure they know this is not their fault and that you will try to remain a family. The best way to maintain the family unit is by establishing a custody agreement that works for everyone. You need a trusted ally by your side to develop a suitable parenting plan. That’s why you should work with the best divorce and child custody attorneys in Washington state at LaCoste Family Law. Our lawyers will advocate for you in court to ensure you can spend as much time with your child as possible.