NCJ Number
130566
Journal
Juvenile and Family Court Journal Volume: 42 Issue: 2 Dated: (1991) Pages: 1-14
Date Published
1991
Length
154 pages
Annotation
The rights and responsibilities of a child's divorced or separated parents flow from the custodial arrangement imposed by the courts; custody embodies both legal and physical components. In all scenarios involving custody and visitation rights, a decision should be based on the child's best interests.
Abstract
There are several types of custody: sole custody awarded to one parent with the other parent receiving visitation rights; divided custody in which parents are alternately afforded legal and physical custody of the child; split custody in which each parent has custody of one or more siblings with visitation rights to the others; and joint custody which has not been clearly defined by the courts. However, in these cases, most judges prefer to award sole physical custody and joint legal custody. Among the factors to consider when awarding joint custody are the parents' ability to communicate, fitness of both parents, child's preference, and potential disruption to the child. The parent's sexual lifestyle, both heterosexual and homosexual, must be considered in terms of its impact on the child. Unconventional living arrangements, involving homosexual couples or lesbian couples who have used artificial insemination, have given rise to new complications in custody cases. As in custody cases, visitation rights are determined according to the child's needs. Tort actions are available to remedy interference with custody or visitation rights. In some instances, custody and visitation rights have been awarded to grandparents and stepparents. A custodial parent's intention to relocate, which could hamper or even destroy a noncustodial parent's visitation rights, may be granted by the courts under certain circumstances. 128 notes