In an ordinary custody and visitation order issued by the Court there are not travel restrictions unless there has been a specific motion and hearing on that subject. In private mediation, some couples will negotiate specific limitations on travel. This concern typically arises in one of several common cases:
Yes, generally the parents can create any visitation schedule they choose so long as the needs of the children are not neglected. Visitation can be: a) overnight (from just after school until the beginning of school the next morning) or b) over the weekend (Friday night after work until
7. Why would we use private mediation for custody and visitation rather than have the Court make a ruling on custody and visitation?staging_dev2020-10-01T17:44:06+00:00
First of all, the Court always has the power to modify visitation for minor children. However, if the parents have agreed privately on a visitation schedule, it is rare for the Court to overrule their decision. There are a number of benefits from using private mediation. For one thing,
The other major decision which must be made by divorcing couples with minor children is where their children will live and how much time they will spend with their non-custodial parent. The term “primary physical custody” refers to the household where the children spend the majority of their time.
5. Does it matter which parent has legal decision-making authority when dealing with routine, non-emergency matters?staging_dev2020-10-01T17:42:31+00:00
There are many routine parental decisions which do not require formal legal authority. They are generally shared by both parents, exercised whenever the children are under their care and supervision. Some examples might be whether to give children whole milk, skim milk or almond milk with their breakfast, (assuming
Generally, no matter how legal custody is formally held, in an actual medical emergency, there are special rules allowing either parent to make decisions for their minor children under their care.
The most impactful issue with respect to sole vs. joint legal custody is having the legal power to allow the child to be legally adopted. A parent with sole legal custody can allow their child to be adopted without the consent of the other parent. This can deprive the
Typically the paramount concerns for divorcing couples with minor children are the visitation and custody plans for the children and the accompanying child support payments. There is no doubt these are important topics; however, underpinning every aspect of a divorce involving minor children is the question of who gets
“Legal custody” is the term used (at least in California) to describe the legal power of divorced parents to make certain essential decisions concerning their minor children. I believe that married couples inherently both share this legal decision-making power over their minor children unless the Court has suspended the