Legal Assistance for Custody and Family Visitation
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Lawyers specializing in custody and family visitation at your service.

What is family custody?

Family custody refers to who has the legal responsibility to care for and make important decisions about the children after divorce. In most cases, custody is awarded to one or both parents, depending on several factors. Custody and family visitation are fundamental aspects of the divorce process when children are involved. These concepts refer to who has the legal responsibility to care for and make important decisions about the children, as well as the time each parent spends with the children after the divorce.

Types of custody

There are several types and each one has its specifications.

Joint custody
In joint custody, both parents share the legal responsibility for caring for and making important decisions about the children. This can include joint physical custody, where children spend equal or nearly equal time with both parents.
Singular custody
In sole custody, one parent has primary responsibility for caring for and making important decisions about the children. The other parent may have visitation rights, but does not share legal responsibility for custody.
De facto custody
In some cases, parents can reach an informal custody agreement without court intervention. This is known as de facto custody and can work well if the parents can cooperate and communicate effectively.
El factor principal que se considera al determinar la custodia es el mejor interes del nino. Esto incluye su bienestar emocional, fisico y psicologico.

Factors that impact child custody

Best interest of the child

The primary factor considered when determining custody is the best interests of the child. This includes your emotional, physical and psychological well-being, as well as your individual needs and your relationship with each parent.


Parental care capacity

Each parent's ability to adequately care for the children is evaluated, including his or her willingness to provide a stable home, emotional support, and adequate supervision.


History of relationships with children

Each parent's historical relationship with their children is considered, including their involvement in parenting, the time they spend with their children, and the quality of their interactions.


Geographic location

In some cases, the geographic location of the parents can influence the custody determination, especially if one parent plans to move a significant distance.


Parental Rights and Responsibilities

Regardless of the type of custody awarded, both parents have rights and responsibilities towards their children after divorce.


Right to participate in important decisions

Both parents have the right to participate in important decisions about the upbringing and care of their children, including issues related to education, health, and general well-being.


Right to visiting time

The non-custodial parent has the right to spend time with the children as agreed upon or established by the court. This may include regular visits, vacations and holidays, as well as any other special occasions.


Child Support Payment Responsibility

The non-custodial parent generally has the responsibility to contribute financially to the children's well-being through payment of Child Support. This financial support is designed to help cover the costs associated with raising children, such as food, housing, education, and medical care.


Promoting healthy relationships

Both parents have the responsibility to promote healthy relationships with their children and foster their emotional and psychological well-being. This includes providing emotional support, encouraging open communication, and providing a safe and loving environment for children.

Establish a family visit plan

Determining how custody works and setting goals for family visitation is planning work that must be taken into account during the divorce process to make the best decision for the children.

Visiting hours
A specific schedule is established for visits by the non-custodial parent with the children. This may include specific days of the week, alternating weekends, vacations, and holidays.
Location of visits
It specifies where the non-custodial parent's visits will take place, whether in the custodial parent's home, at a neutral location, or at the non-custodial parent's residence.
Communication between parents
Procedures are established for communication between parents during visits, including exchange of information about the health, well-being and activities of the children.
Flexibility and modifications
Provisions are included for flexibility and modifications to the family visitation plan in the event of changes in the parents' circumstances or the needs of the children.

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