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FAQ

Custody

What is the difference between custody and visitation?
Custody determines whether a parent is allowed to make legal, medical and social decisions for a child. Visitation is the time that a parent is allowed to spend with a child and is a separate matter. Even if a parent is not awarded custody, the parent may still be granted visitation.

What is legal and physical custody, and how do they differ?
Legal custody is whether a parent is allowed to make legal, medical and social decisions for a child. Physical custody determines which residence the child resides in.

What factors do judges weigh when deciding custody?
There are multiple facts the court looks at when assessing what is in the child's best interest. Speak with one of the attorneys in our office about the facts of your case and whether you have a strong or weak case to obtain custody.

Can my ex-spouse and I develop our own custody plan?
Often ex-spouses can develop their own plan but a judge will decide whether the parenting plan in the children's best interest.

Can I ask for custody if I am not the biological parent?
Sometimes. It depends on the facts of your case. Speak with an attorney who can assess the likelihood of obtaining custody of a non biological child.

Is it better to ask for sole or joint custody?
It depends on the facts of the case and whether sole or joint custody would be in the children's best interest. Speak with an attorney who can assess the likelihood of obtaining sole custody.