09/05/2020
Custody and Access round out #6 on our list of the Top 10 Things You Need to Know About Family Law.
These terms are important yet easily confused. “Custody” refers to the right and responsibility of a parent to make major decisions for the parent’s child, including decisions pertaining to the child’s health, education, and welfare. Custody can reside with one parent (one parent makes all major decisions for the minor child, commonly known as “sole” custody) or it can reside with both parents (decision making is shared, commonly known as “joint” custody”). However, custody will rarely be shared where the parties present an inability to cooperate, agree, or communicate effectively because of fundamentally different views on parenting issues. A parent with sole custody is most typically the “primary” parent insofar as the child’s primary residence is concerned.
How often each parent sees the children is called “access.” Access includes the right to make inquiries and to be given major information about the child. Day-to-day decisions are made by the parent in whose care the child is, according to the residential schedule agreed to between the parties.
Separating parents are free to negotiate whatever access arrangement is in the best interests of the child. For instance, depending on the circumstances, visits may be supervised or there may be no access at all. Or there may be arrangements such as alternating weekends plus a regular weeknight. Or separating parents may choose to follow equal time-sharing, such as week-on, week-off. The possible access arrangements are endless and range broadly depending on the facts of each case.
If courts do become involved, their primary concern is promoting a stable arrangement for the children and, where possible, fostering relationships with both parents.
