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Legal Dictionary: Custody & Visitation


When parents divorce, or when unmarried parents are unable to agree on who will have custody of their children, child custody and visitation issues need to be resolved. In divorce cases, the divorce decree will specify with whom the divorcing couple's children will live (and circumstances under which the other parent will visit with the children), but in any custody dispute parents can work out arrangements between themselves, or with the assistance of an attorney or mediator. If parents are unable to reach a decision, a court may intervene and make custody and visitation decisions based on the child's best interests. The end result of any situation involving child custody and visitation is usually a custody and visitation schedule or court order setting out each parent's custody rights and a visitation schedule. In some cases, the custody and visitation rights of third parties such as grandparents or guardians are also spelled out.

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