JOINT CUSTODY
Most cases result in joint legal custody, also described as "shared custody," with one parent being designated as the primary residential parent. Lately, many have resulted in 50-50 access arrangements, although most result in one parent having more parenting time than the other. A visiting parent usually gets at least alternating weekends during the school year; at least one week day evening each week; alternating holidays; and a few weeks or uninterrupted vacation time, usually over the summer.
There are many factors that must be considered in the custody determination, and the main ones are:
Who has been the primary caretaker in the past?
Who has looked out for the needs of the child, including medical, educational and religious needs?
How is the child adjusted at home, at school, in the neighborhood, with family members?
Does each parent encourage frequent and meaningful contact between the child and the other parent?
To review your case and to predict the likely outcome, we need to know the history of the family and how the parents have taken care of the needs of the child. We need to look at work schedules, other relationships with significant others and siblings and family members, and many other things.
In all cases, both parents must take a "Parenting Class."
SOLE CUSTODY
Does sole custody get awarded any more? In extreme cases, such as when a parent has criminal or drug troubles; mental issues with the parent; abandonment and abuse situations; when a parent has failed to be involved in a child's life for a long period of time, such as a year or more; and other relatively extreme situations. Sole custody is also awarded if a party fails or refuses to take the Parenting Class or to sign a Joint Custody Agreement.
GRANDPARENT RIGHTS
Grandparents may apply for court-ordered visitations when they have a bonded relationship with the child; it is in the child's best interest for the relationship to continue; and the parent is refusing access. The rights awarded to Grandparents can range from a few hours each month, to a weekend each month, or more, depending on the circumstances.
CUSTODY AND VISITATION BY NON-PARENTS
Step parents and other adults may apply for court-ordered rights of visitation, and sometimes custody, when they acted as a parent for the child (called "in loco parentis"); and it would be "significantly detrimental" for the child to be placed in the custody of the biological parents.
MODIFICATION OF CUSTODY
Terms of custody can be modified if there is a substantial and continuing change in circumstances from the time of the prior order. Unless there is an emergency, with the health and safety of the child in jeopardy, you usually have to wait at least one year before a visitation/custody order can be modified.
