Child Custody & Visitation

Child custody and visitation matters can be a challenging hurdle to overcome when going through a divorce in Mobile, Alabama or the end of a relationship. The main priority in these matters should always be whatever is in the best interest of the child and, if both parents cannot agree on what that is, the family court can then decide on how matters should proceed. Before embarking on a legal custody battle, it’s vital that both parties understand their different options so that the matter can be successfully settled in court.

There are a wide variety of different terms used in relation to child custody, yet the vocabulary in the process boils down to these two heavy hitters: physical and legal custody.

Visitation rights permit parents who do not have physical custody to see their children on a regular basis. Although this can be settled outside of court, many take their case to a judge to help facilitate and determine the best method of visitation.

Standard visitation refers to the typical visitation order that is entered in most cases in that particular court. The standard visitation can be deviated from under appropriate circumstances. Different judges have their own standard orders, which vary from court to court.

Unfortunately, there are some situations where the custodial parent and/or judge believes that the child isn’t safe unsupervised with the non-custodial parent. In these situations, the judge orders Supervised Visitation.

Supervised visitation is where, in order for the parent to participate in the visitation schedule, there must be a third-party recognized by the court present during the visit. The third-party must be a family member or friend that both parents agree on. If both parents cannot agree on a suitable third party, the judge can appoint someone. There is also an option where visits take place at a licensed facility that can insure the child’s safety.