Nothing is more important than your children. We get that. We work to protect your interests at every step.
Custody and visitation are often difficult, emotional issues for parents. Courts are required to focus on a minor child’s best interests in all custody disputes. At Croslin Law, we start by learning the facts of your case and what you want for your children, then build a plan that fits your goals. Many cases are resolved by agreement, and when they aren’t, we are ready to present your case at a hearing or trial.
Courts decide custody based on the child’s best interests. Each parent can present evidence about the child’s needs, their own ability to provide stability and care, and the child’s relationship with each parent. The judge weighs that evidence and makes a decision. Many custody cases, however, are resolved when the parents reach an agreement that the court then approves, without a trial or hearing.
There are two types of custody: joint custody and sole custody. With joint custody, parents share decision-making and follow a “joint custody plan” that explains which decisions are made, and how. With sole custody, one parent makes the major decisions, and the other parent usually still has visitation. A visitation schedule is set separately from the type of custody.
Parents with joint custody sometimes disagree on major decisions, such as which school a child attends. Courts handle this in different ways, including mediation, a parenting coordinator, or asking the judge to decide the issue. It helps to understand these options before a disagreement happens.
Often, yes. A court can modify custody or visitation when circumstances have changed and the change is in the child’s best interests. Orders can also be changed by agreement, with the court’s approval. The legal standards for custody and visitation may differ depending on your circumstances, so it’s best to talk to an attorney, who can review your order and tell you whether a request is realistic.
In some cases, yes. A parent is generally allowed to move the child’s residence within 75 miles without approval from the other parent. How this works can depend on your custody arrangement. If a parent plans to move the child farther than that, they must give the other parent written notice, and the other parent can object in court. Deadlines apply, and if you wait too long, the move may be allowed. If you plan to move, or you’re concerned the other parent may try to relocate your child, talk to an attorney.
If the other parent isn’t following a court-ordered custody or visitation schedule, you have several options. You can file a motion to enforce visitation, which can result in make-up parenting time and an award of attorney’s fees. You can also ask the court to hold the other parent in contempt for failing to follow the order. There are defenses to both, so it’s best to talk to an attorney about which path is right for you.
Call or request a consultation today to see how we can help you.