Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact me and welcome your calls, letters, and electronic mail. Contacting me does not create an attorney/client relationship. Please do not send any confidential information to me until such time as an attorney/client relationship has been established. Email addresses are provided for your convenience and do not establish an attorney/client relationship. Sending information to John H. Rubin Law via e-mail or other means does not establish an attorney/client relationship.

Custody and Visitation

There are two types of “legal custody”: Sole custody and joint custody. The parent who has sole custody will be entitled to make the major decisions affecting the child(ren) such as what schools they attend, what doctors they see or treatment they receive, what religious upbringing they have, etc. On the other hand, parents who have joint custody must make these decisions together.

A joint custodial relationship assumes and works best where both parents are able to share relevant information and reasonably communicate in order to reach an agreement on the major issues affecting the child(ren).

Sometimes parents agree upon joint custody but, in order to break a deadlock, provide that if they are unable to agree on the decision that needs to be made (after sharing all relevant information and following good faith consultation), one parent will have the final say.

Sometimes parents will agree to allow one parent to have sole decision making or final say in certain areas, such as in the area of education, for example, and allow the other parent to have sole decision making or final say in other areas, such as with health related matters or religious matters.

The parent with whom the child(ren) primarily reside is called the residential custodial parent. This is important since the primary residential custodial parent will be the one receiving basic child support.