CHILD CUSTODY/VISITATION OVERVIEW
Child Custody/Visitation
Child custody and visitation can sometimes become the most contentious issue in divorce proceedings. However, it doesn’t have to be. When both parents—assuming neither has control issues or personality disorders—can reach a custody and visitation agreement focused on the children’s best interests, the court can review and approve it, turning the agreement into a court order.
If an agreement isn’t possible, the issue will proceed to a contested hearing. In this setting, testimony and other evidence will be evaluated, allowing the court to make a decision based on the best interests of the children. We strongly advise avoiding this route if possible, as parents know their children best.
The court considers several factors to determine what serves the child’s best interests:
- The age and specific needs of the child(ren)
- Each parent’s role in meeting the child(ren)’s basic needs and ensuring their well-being
- The relationship each parent has with the child(ren)
- Any instances of domestic abuse or violence against the other parent
- Concerns about substance abuse by either parent
- Additional relevant factors, as this is not an exhaustive list