Custody Visitation

Custody, visitation, and related issues fall under the jurisdiction of the family court system in each state. Physical custody is generally granted to one parent regardless of whether legal custody is shared. This means the child will live with one parent most of the time but the other parent will have visitation rights. If the parents share legal custody, they can make joint decisions about medical care, religious upbringing, and schooling. In shared or joint custody, the child usually spends a significant time with both parents. Child custody and visitation rights are available to a father regardless of whether he was ever married to the mother of his child. Paternity testing may be used in these cases to establish these rights, or these rights may be assumed if the father originally agreed to have his name listed on the birth certificate. Grandparents may also assert visitation rights in many cases. They may also file for custody if their grandchild is being neglected or abused.

Fast Facts

  • Parents who are incarcerated do not necessarily lose their visitation rights.
  • The visitation rights of grandparents are often assumed to be valid if the child can be shown to have had a significant prior relationship with them.
  • A custody order may stipulate supervised visitation if a non-custodial parent has a history of abusive behavior that could negatively affect his or her child.

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