Family Law

‘Family Law’ is a broad category of Family issues and includes all matters heard by Family Court. These include:

Custody
Visitation or Parenting Time
Family Offenses
Domestic Violence Issues
Paternity
Child Support
Emancipation of children
Parental Alienation Issues
Adoptions/Surrender of Parental Rights
PINS Petitions against children
Juvenile Delinquency Matters
Neglect and Abuse Proceedings
Child Protective Services Issues

Custody

There are various forms of Custody that can be mutually agreed to or ordered by a Family Court or Supreme Court Judge. Generally, custody issues arise between the mother and the father of a child, but in unusual and extraordinary circumstances, other family members or even ‘interested parties’ may seek custody.

There is ‘Legal’ Custody and ‘Physical Custody’. Legal Custody refers to the ability to participate in all ‘parental’ decisions for the child. This includes educational, medical, religious, recreational and disciplinary decisions. Parents can enjoy JOINT or SOLE. JOINT LEGAL CUSTODY means BOTH parents make these decisions or at least have input into the decisions. SOLE LEGAL CUSTODY means only ONE parent (person) makes all the important decisions regarding the child. Occasionally, Family Court will order MODIFIED JOINT LEGAL CUSTODY or SOLE.

LEGAL CUSTODY WITH THE INDICIA OF JOINT LEGAL CUSTODY. This provides the non-decision maker with access to all school, health or medical records. It also allows the non-decision making parent to keep informed about the child and to be involved on a limited basis with school, health, and sports events.

Generally, there is a preference in Family Courts to award Joint Legal Custody so both parents can be actively involved in a child’s life and all the important decisions for and about the child.

Then there is PHYSICAL CUSTODY or some people call it ‘RESIDENTIAL CUSTODY’. There can be PRIMARY PHYSICAL CUSTODY where the child /children reside with 1 parent most of the time and the other parent has ‘PARENTING TIME’ (link) with the child/children.

There can also be SHARED PHYSICAL CUSTODY, where the parents share equal or nearly equal time with their child/children. Some parents divide the weeks, or alternate weeks (week on, week off schedule). There is room for much creativity in this type of Custody arrangement.