Journal

What helps the court determine custody and visitation?

In determining what is in the best interests of the child, the court may consider the health, safety and welfare of the child, the nature and amount of the child’s contact with both parents, the habitual or continual illegal use of controlled substances or alcohol by either parent, and/or any history of abuse by one…

How does the court determine a custody order?

The legal standard that the court uses to determine what type of custody orders to make in your case is the best interests of the child. This is a flexible standard that allows each family’s and each child’s needs to be considered.

What is physical custody?

Physical custody┬ámeans where (with which parent) the child will primarily reside. A court can order that both parents have significant time with the child. This can be called “joint custody”. The court could instead order that one parent will have physical custody, and the other parent will have visitation.

What is legal custody?

Legal custody means, which parent, will have decision-making power over the child’s health, education and welfare issues. The court can order that the parents have joint legal custody (meaning they have equal decision-making power), or the court can order that one parent have sole legal custody (the only right to make decisions about the child).

How are property issues resolved in a dissolution of marriage?

Property issues and division of community assets and debts are ordinarily resolved by a signed marital settlement agreement or by an agreement placed on the record (and later formalized in writing) at a mandatory settlement conference. If settlement is not reached, contested issues are set for trial for court determination.