CHAPTER THIRTEEN

Custody and Parenting Time

Susan and Jim have been married for nine years, and have two children: a boy, 10, and a girl, 8. Both parents have been involved in the day-to-day raising of their children. Susan has served as a room parent at the children’s school. Jim coaches the children’s soccer teams. When filing for divorce, each parent sought primary custody. Susan and Jim are of different religions and want to raise the children in their respective faiths. The children do not have strong preferences about custody arrangements; they wish their parents would get back together. If a court has to decide custody, how would custody be decided?

Child custody is the right and duty to care for a child on a day-to-day basis and to make major decisions about the child.

In sole custody arrangements, one parent takes care of the child most of the time and makes major decisions about the child. That parent usually is called the custodial parent. The other parent generally is referred to as the noncustodial parent. The noncustodial parent almost always has a right of parenting time or visitation--a right to be with the child, including for overnight visits and vacation periods.

In joint custody arrangements, both parents share in making major decisions, and both parents also might spend substantial amounts of time with the child.

As with financial issues in a divorce, most divorcing spouses reach an agreement on custody before they go to court. Fewer than 5 percent of parents have custody of their child decided by a judge.

When parents cannot agree on custody of their child, the court decides custody according to “the best interest of the child.” Determining the best interest of the child involves consideration of many factors. The factors often are listed in the state’s family law or domestic relations statute as well as described in the decisions of the courts. Those factors, along with more information about visitation and joint custody, will be discussed in later sections of this chapter.

• Preferences for Mothers or Fathers
• Custody Factors
• Examples of Custody Issues
• Modification of Custody
• Parenting Time or Visitation
• Very Specific Custody and Visitation Orders
• Joint Custody
• Custody of Barney, the Dog
• Out-of-state Moves with the Child
• Rights of Grandparents
• Rights and Duties of Stepparents