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Here are some answers to common questions regarding child custody and visitation you may be concerned about. If you have questions or concerns regarding your particular situation
we would be glad to speak with you @ (253) 512-1140. |
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| Q: How will the Court determine whether I am entitled to custody of my children? |
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| A: 1. |
Whether you are the mother or the father the court will use the following guidelines to decide custody:
- The most important factor: each parents relative strength, nature and
stability of the relationship with your child, including which parent has
taken greater responsibility for performing parenting functions relating
to the daily needs of your child;
- Any agreement of the parents.
- Each parents past and potential for future performance
of parenting functions.
- Your child’s emotional needs and development.
- Your child’s relationship with siblings and other significant adults,
and involvement in his or her physical surroundings, school,
and other activities.
- Wishes of the parents and the child.
- Each parents employment schedule.
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| 2. |
For each item listed in (1), write down an explanation of how that item applies to you. Again, the court places the most weight on the first factor. This explanation can be used as a starting point in developing reasons to convince the court that you should be awarded custody of your children. |
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Note: it is possible to obtain joint custody if both parents agree or the parents have a shared history of cooperation and shared in the performance of parenting functions and live close to one another. |
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| Q: How will the court determine a visitation schedule for my children with the non-custodial parent? |
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| A: 1. |
If one parent obtains custody, the other parent is generally entitled to visitation. |
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| 2. |
The amount of visitation varies depending on the age of the children and the particular circumstances. However, a general rule of thumb is the non-custodial parent will have the children every other weekend from Friday evening until Sunday evening and have the children for a midweek overnight every week. |
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| 3. |
In certain circumstances, a parent may request that the court substantially
limit the other parent’s visitation with the children, or request that the other
parent have no visitation at all. The parent must be an unfit parent and the
other parent must be able to prove it to the court. Drug abuse and child
abuse are the most common reasons a parent is found to be unfit.
In general, don’t charge your spouse with being unfit unless you can prove
it. Judges are not impressed with unfounded allegations, that can do
more harm than good for your case. |
