Custody

The rights a person has depends on the custody order either set by the court or agreed to by both parties during a settlement.

Legal custody allows a parent to engage in or make major decisions about a child’s upbringing such as their education or religion.  There is a statutory presumption that favors married parents who divorce sharing legal custody of their children.

Physical custody refers to when and how much time children spend with each of their parents.

As part of the divorce process, parents are required to present the court with a proposed parental responsibility plan.  The plan must include at minimum:

  • A schedule of where the child will physically reside during the year
  • Whether legal custody will rest with one or both parents, this will include the authority to make decisions regarding schools
  • How any future custody issues will be handled
  • Any consequences for a parent that fails to follow this plan
  • How to handle the child’s needs as they grow
  • Shielding the harmful effects of conflict from a child, promoting cooperation between the parents and protecting the best interests of the child