top of page
Mujer sentada y hombre discutiendo la custodia

Child custody

It is a legal term used to describe the situation in which the parents separate and one of them must assume responsibility for the care and upbringing of their child or children.

When you separate from your childs other parent (father or mother), you need what is known as parenting plan.

Sometimes parents can agree to a parenting plan.

Other times they need the courts help to come up with a plan.

What is a parenting plan?

Parenting plans have orders about child custody and parenting time, also called visitation.

 

Your parenting plan should describe:

​

  • How to take care of your children

  • where will they live

  • When will they see each parent

 

Parenting plans must be in the best interest of the children.

​

 

Parenting plans must be in the best interest of the children.

Huntil you have a court order, both parents have the same rights.This means that both of you can make decisions about your children.Neither parent has more rights than the other to have their children in their care.

hombre y mujer sujetando a una niña

child custody

 

Child custody refers to the rights and responsibilities of parents to care for children. There are two types:

​

  • Legal custody:who makes important decisions for your children (such as health care, education, welfare).

  • Physical Custody:with whom do your children live most of the time.

Legal and physical custody may be shared (joint) or

only with one parent (exclusive)

​

Joint Legal Custody:both parents share the rights and responsibilities to make important decisions about the children.

​

Sole Legal Custody:only one parent has this right and responsibility.

Custodia infantil

  • EXAMPLES OF IMPORTANT DECISIONS

    • School or nursery

    • Religious activities

    • Psychiatric, psychological or mental health counseling or therapy needs

    • Doctor, dentist, orthodontist or other health professional (except in emergency situations)

    • Sports, summer camp, vacations or extracurricular activities

    • Viajes

parenting time

Types of parenting time orders

​

Parenting (or visiting) time can be open, on a schedule, supervised, or none at all. There are 4 main types of parenting time orders:

With a fixed schedule

​

Often, it helps parents and children to have a fixed schedule with the dates and times that the children will be with each parent. The plan can include holidays, special occasions (such as birthdays, Mothers Day, Fathers Day, and other important family dates), and vacations.

Reasonable

​

These orders are indefinite. They allow parents to figure it out among themselves. This type of plan can work if the parents get along very well, can be flexible, and communicate well. But, if you dont agree, not having a set schedule can create problems.

supervised

​

It is used when there are concerns about the safety and well-being of children. Visits with the other parent are supervised by you, another adult, or a professional agency. It is also sometimes used when a child and a parent need time to become more familiar with each other, for example, if a parent has not seen the child in a long time and both need to get to know each other little by little. Find more information about supervised visits.

no visit

​

It is used when visiting with a parent, even if supervised, would be physically or emotionally harmful to the children. 

Niños jugando

Determining the best interest of the children

​

If you and the other parent cannot agree on a parenting plan, then you will have to ask a judge to decide. In deciding what is best for a child, the judge will consider:

​

  • The age and health of the child

  • Emotional bonds between parent and child

  • The childs ties to school, home, and his community

  • The ability of each parent to care for the child

  • Any history of family violence 

  • Any regular and ongoing abuse by either parent of alcohol or drugs

 

The judge then decides based on the best interest of your child.

Determining the best interest of the children

​

If you and the other parent cannot agree on a parenting plan, then you will have to ask a judge to decide. In deciding what is best for a child, the judge will consider:

​

  • The age and health of the child

  • Emotional bonds between parent and child

  • The childs ties to school, home, and his community

  • The ability of each parent to care for the child

  • Any history of family violence

  • Any regular and ongoing abuse by either parent of alcohol or drugs

The judge then decides based on the best interest of your child.

bottom of page