Child Custody & Visitation Rights

Question 1

types of child custody

Answer 1

legal custody
physical custody
joint custody

Question 2

legal custody

Answer 2

right to make major decisions affecting child’s life

Question 3

physical custody

Answer 3

possession and control of the child

Question 4

joint custody

Answer 4

1. parents share decision-making but child lives with one parent
   AND/OR
2. child divides time between each parent’s home

Question 5

custody focus

Answer 5

child’s best interest

Question 6

custody factors

Answer 6

• parent’s wishes
• child’s wishes (more weight if child is older and significantly less if under 8)
• ability and willingness of each parent to provide for child’s needs
• interaction and interrelationship of child with parents, siblings, and others who affect the child’s best interests
• child’s adjustment to home, school, and community

Question 7

visitation

Answer 7

when one parent is granted sole physical custody, the other parent is entitled to visitation

Question 8

visitation right exception

Answer 8

court can deny visitation rights if it would endanger child’s wellbeing

Question 9

Non-parents

Answer 9

may be given visitation rights if:
1. has a substantial relationship with the child, AND
2. in the child’s best interest

fact-finder must give special consideration to the wishes of fit parents regarding visitation rights