CUSTODY & PARENTING TIME
Establishing custody and parenting time can be one of the most frustrating and emotional things you will ever go through in your life. Many times, people's minds are so clouded with emotion they don't realize they aren't making the necessary legal arguments. This is the area where I see people make the most mistakes.
Here are some of the questions you may have about Custody or Parenting Time
1. What is the difference between legal and residential custody?
Yes. Legal custody refers to who can make legal decisions on behalf of the child, such as making medical
decisions, receiving school information, etc. When you hear people say they have joint custody, this is what they
are usually referring to. That means they need to discuss and jointly make medical, school and other major
decisions on behalf of the child. Residential custody refers to where the child lives. In most situations, the child
lives with one parent and spends parenting time (formerly referred to as visitation) with the other parent.
2. We broke up but were getting along so we never went to Court to establish custody but now that we aren't
getting along, she won't let me see my child. What can I do?
The only thing you can do is file a Motion with the Court. It's probably going to take you about 30 days to get into
Court and unfortunately, not having parenting time doesn't meet the requirements for an emergency order. I
always tell people even when they are getting along, once the relationship ends, go to Court to establish custody
and parenting time to protect yourself. Read more about this here:
https://www.kellymcgrifflaw.com/single-post/2015/02/09/Who-has-custody
3. What do I need to prove at Court to get custody or parenting time?
There are a number of factors the Court considers when determining what custody and parenting time
determinations to make. You can review those factors here:
4. I couldn't see my child during the holidays, what can I do?
If you do not have a parenting time Order, you need to file a Motion with the Court to establish regular and
holiday parenting time. If there is a parenting time Order in place that does not address the holidays, file a
Motion so that the Court can incorporate the Court holiday schedule (you can link to it from the page below). If
there is a Court Order in place addressing the holidays, file a Motion for Enforcement since the other party
violated the Court Order. Read more about this here:
https://www.kellymcgrifflaw.com/single-post/2017/11/12/I-couldn%E2%80%99t-see-my-kids-for-the-holidays
If you are still confused about custody and parenting time,
I have a program that will be re-launching in June 2018!
Guarded is a 4 week online program. The first 3 weeks, you will receive pre-recorded audio sessions each discussing a different topic including custody & parenting time, child support, emancipation & college contribution. The 4th session will be a live Q&A session so that I can answer any lingering questions you may have. But you get much more than just some audio sessions. Read more about it here!