Child Custody

Keeping the Focus on the Child in Child Custody and Visitation Cases

Representation in Child Custody and Visitation Matters

Child custody is divided into 2 parts:

Physical Custody (or “Residential Custody”) is where the child primarily resides; and

Legal Custody involves decision making surrounding the health, education and general welfare of the child.

Visitation (Parenting Time)

At Treuhaft & Zakarin we fight to ensure that both parents have an active role in raising their child.

Grandparents may have rights to visit with their grandchildren.

There are several different custody/visitation issues that may arise:

Enforcement by a non-custodial parent of a visitation agreement

Modification of the parenting plan by a non-custodial parent

Modification of a visitation schedule by a parent with full or primary custody

Grandparents seeking visitation rights with their grandchildren

Joint Custody or Sole Custody

Joint custody is an arrangement made between the parents to jointly agree on all issues concerning the health, education and general welfare of the child.

Joint custody is a viable option only if the parents have an amicable relationship and can communicate well in matters that affect the child. If the parents are not able to communicate, the joint decision-making required in “joint custody” will result in more conflict. In such a case, the court will select one parent to be the sole decision maker, who will have what is referred to as having “legal custody” of the child.

Emergency Applications for Custody

Seeking emergency temporary child custody may be appropriate under the following circumstances:

  • If you believe your ex-spouse is going to relocate with your child without your permission or the court’s consent
  • If you notice signs of abuse or neglect by the other parent
  • If the child is imminent danger while under the care of the other parent