Child Custody and Visitation

In Hawaii, child custody and visitation are related but different concepts. A parent can have full custodial rights, but limited visitation. Or, a parent can have a massive amount of visitation but limited custody rights. What’s the difference?

What is Child Custody?

Custody is defined as the authority to make the “big picture” decisions about a child’s life. These include where the child will live, what kind of education she will receive, what religion the child will practice, and regular medical care.

Child custody not a walk in the parkThe court can award either sole legal custody to one parent or joint custody to both parents. With joint custody, both parents share equally in the decision making and are required to consult with each other about those decisions.

Visitatation and Physical Custody

The court will usually award physical custody to the parent who has the child the majority of the time. The other parent will receive visitation. Visitation involves the day-to-day aspects of raising a child. Weekends, pizza nights, taking your child to school and to the doctor, going to the coast, and so forth. Many times in Hawaii, the parents are expected by the court to work out visitation between themselves, and so no parenting plan is crafted.

If you and the other parent can’t work together well on visitation, then is important to have a well thought-out parenting plan. The parenting plan is a legal document that will control your time with your child except when you and the other parent agree to do something different. So, if you want to be sure to have every other Christmas Day, alternate Spring Breaks, and half the summer with your child, be sure that those details are in your parenting plan.

Get the Help of a Kona Child Custody Attorney

When the custody and visitation of your child is at stake, be sure to get the help of an experienced Kona child custody attorney. Eggert & Associates attorneys have the experience you need.

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