Child Custody vs. Visitation Rights

When divorce involves children, you’ll frequently encounter the terms “visitation” and “child custody.” Many people assume that these two terms are interchangeable, but this isn’t the case at all. To give you a better understanding, let’s take a closer look at these two concepts and explore their differences and implications.

Child Custody

Child custody is a broad term that refers to the legal and/or physical custody of a child. There are two main types of custody: legal custody and physical custody.

• Legal Custody: This type of child custody involves the authority to make significant decisions about the child’s life and welfare. The parent granted legal custody is primarily in charge of making important decisions that pertain to the child’s upbringing, including choices about education, healthcare, religion, and general welfare. Legal custody can be awarded solely to one parent (sole legal custody) or shared between both parents (joint legal custody). Joint legal custody requires both parents to cooperate and make decisions together regarding their child’s future.
• Physical Custody: This refers to where and with whom the child custody lives. The parent who is granted physical custody is the one with whom the child will primarily reside. Physical custody can also be sole or joint. In cases of sole physical custody, the child lives with one parent most of the time and may visit the other parent. In joint physical custody, the child’s time is divided more evenly between both parents’ homes, although it doesn’t necessarily mean an exact 50/50 split. The arrangement depends on various factors, including the child’s needs and parents’ circumstances.

Child Visitation

Visitation, on the other hand, pertains to the rights of the non-custodial parent—the parent who does not have physical custody of the child. Visitation allows this parent to spend time with their child according to a schedule that has been established and approved by the court.

• Scheduled Visitation: This type of visitation involves a detailed schedule that outlines specific days and times the non-custodial parent can spend with the child. This schedule often includes holidays, weekends, and school vacations. A consistent and clear visitation schedule helps provide stability and predictability for the child and both parents.
• Supervised Visitation: In certain situations, the court may order supervised visitation. This means the non-custodial parent can only visit the child in the presence of a designated supervisor, which could be a social worker, a family member, or another appointed individual. This typically happens if there are concerns about the child’s safety and well-being during visits with the non-custodial parent.
• Reasonable Visitation: Some parents prefer a more flexible arrangement, known as reasonable visitation. This allows parents to work out a visitation schedule on their own without strict guidelines from the court. While this requires a high level of cooperation between parents, it can provide more adaptability to accommodate changing schedules and circumstances.

As you can see, child custody and child visitation are distinctly different. Custody pertains to both the decision-making responsibilities and living arrangements of the child, while visitation deals with the time the non-custodial parent spends with the child. Understanding these differences is crucial for parents navigating the complexities of divorce and ensuring the best possible arrangements for their children.

If you are seeking expert advice on child custody or visitation rights to ensure your children are properly cared for, contact the experienced family law attorneys at the Law Offices of Stuart E. Williams. Our team is dedicated to helping you understand your rights and responsibilities and will work tirelessly to advocate for the best interests of your children. Whether you need assistance developing a custody agreement, establishing a visitation schedule, or addressing any related legal issues, we are here to provide the guidance and support you need during this challenging time.