Visitation / Access

Physical Custody

Physical custody determines a weekly or monthly access schedule for the child. If a party has primary physical custody, that parent shall make the daily decisions regarding the child’s care and well being while the child is in his or her care. Even if a parent does not have joint legal custody, that parent shall have access to the child’s medical, school, or other records.

Physical custody/Access is also determined based on the best interest of the minor child. The Court will consider many factors including, but not limited to, the parties’ residences, schools, commute, other siblings, parents’ work schedules and more.

Child’s Attorney

An attorney may be appointed for the child in custody and access cases:

  • Child’s Privilege Attorney is appointed to determine whether to assert or waive the child’s privilege of confidentiality with a psychiatrist, psychologist and/or other medial professional. If the child’s privilege is waived, the mental health provider may be allowed to testify and provide confidential records.
  • Best Interest Attorney is appointed to protect the child’s best interest.
  • Child Advocacy Attorney is appointed as independent counsel for a child. Such an attorney is appointed when the child needs a voice in court and acts solely as the child’s attorney whether or not they agree with the child’s position. The appointment is usually reserved for older children.

Custody/Access Modifications

Until a child emancipates, custody and visitation are always modifiable by the Court if there has been a material change in circumstances.