Technically, there are two forms of custody, though our firm believes there are actually three, namely:

           a. sole custody where the custodial parent makes all decisions regarding the children;

           b. joint custody where all major decisions must be agreed between the parents though normal day-to-day decisions would be determined by the person who the child is presently residing with; and

          c. true joint custody where the child spends equal time with both spouses True joint custody will rarely be given in a contested matter and is unusual in this state. 

      If custody is disputed, a lawyer will normally be appointed by the trial judge to represent the children. Courts assume parents are biased and cannot fairly represent the children when they are representing their own interests. The children's attorney will charge both parties on an hourly basis. The hourly fee is normally higher than what we charge. In most cases where custody is tried, the Court will also appoint an expert, normally a psychologist, to observe and evaluate the children and the parties and make a recommendation as to which parent should have custody. The recommendation does not have to be followed by the Court and both parties are allowed to hire their own experts to also give opinions. It should be noted that the cost of the Court?s expert will be paid for by the parties. You can expect a evaluation to cost between $2500-$5,000 with an hourly charge if the expert must testify in court.

     Custody will not be decided based on the sex of a parent. The court seeks to determine which parent can better care for a child. The court will look at the past history of the parties and assume the primary caretaker during the marriage should remain as the custodial parent unless evidence is to show the other parent would be better able to raise the children.

     Visitation is the schedule that gives the non-custodial parent the right to see his/her children. Visitation will be the same whether custody is sole or joint. The typical visitation schedule is every other weekend, Friday though Sunday, and one non-overnight during the school week. Courts believe an overn   ight on a school night is not beneficial to a child who is less likely to study when visiting the non-custodial parent. Holidays will normally be alternated and both parties will have at least a week of vacation time with the child. The schedule is not set by statute and the court will determine the schedule based on the unique facts of the case.