Child Custody FAQ
Answers to common child custody questions.
What factors do courts take into account when deciding who gets custody of the children?
If one parent moves out and leaves the kids with the other parent, does it hurt the moving parent's chances of getting custody at a later date?
Are courts more likely to award custody to mothers than to fathers?
Does custody always go to just one parent?
Are there special issues if a gay or lesbian parent is seeking custody or visitation rights?
Is race ever an issue in custody or visitation decisions?
» Who determines how much visitation is reasonable and fair?
Is mediation is the best approach to solving disagreements about child custody?
Who determines how much visitation is reasonable and fair?
When a court awards physical custody to one parent and "reasonable" visitation to the other, the parent with physical custody is generally in the driver's seat regarding what is reasonable. This need not be bad if the parents cooperate to see that the kids spend a significant amount of time with each parent.
Unfortunately, it sometimes translates into little visitation time with the noncustodial parent, resulting in disputes over missed visits and inconvenience. To avoid such problems, many courts now prefer for the parties to work out a fairly detailed parenting plan that sets the visitation schedule and outlines who has responsibility for decisions affecting the children. For more information on visitation rights, see the Child Visitation FAQ. Or, for more about parenting agreements, see Child Custody: Building Parenting Agreements that Work, by Mimi Lyster (Nolo).
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