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It is possible for a court to make separate determinations of legal and physical custody. It is common to combine joint legal custody with sole physical custody and visitation, but the opposite is rare. [5] In joint physical custody both parents are custodial parents and neither parent is a non-custodial parent. [2] [6]
A "child-custody determination" is a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. A custody determination can be made through a permanent or temporary order, or as part of an initial custody determination or later modification of a prior custody order.
In family law, contact, visitation and access are synonym terms that denotes the time that a child spends with the noncustodial parent, according to an agreed or court specified parenting schedule. [ 1 ] [ 2 ] The visitation term is not used in a shared parenting arrangement where both parents have joint physical custody .
The term "visitation" is not used in joint physical custody cases, but only for sole custody orders. In joint physical custody, the actual lodging and care of the child is shared according to a court-ordered custody schedule , also known as a parenting plan or parenting schedule .
Courts and legal professionals within the U.S. may use terms such as "parenting time" instead of custody and visitation. [3] The goal of the newer, alternative terminology is to eliminate the distinction between custodial and noncustodial parents, and to better focus on the best interests of the children by crafting schedules that meet the ...
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. [1] [2] Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation.