Parents may determine custody and visitation arrangements for their
children by mutual agreement. If parents are capable of agreeing to a
custody and visitation arrangement for their children, the courts will
usually respect and confirm the determination of the parents, should a
formal determination be appropriate. In divorce matters, custody and
visitation is determined by the Supreme Court and in non-divorce
matters, by the Family Court.
If parents are unable to agree on custody and visitation
arrangements, or if the court is not in agreement with the custody and
visitation determination of the parents, the court is charged with the
responsibility of weighing all relevant factors and establishing
appropriate custody and visitation arrangements, based on what is in
the best interests of the children. Where the safety and/or best
interests of a child may demand, the court may also require visitation
to be supervised or curtailed entirely.
In many disputed situations, the court will appoint an attorney to
act as the legal representative of the child. Under certain
circumstances, the court may also require that certain investigations
and/or evaluations be made by third-parties to assist in making this
determination.
Although parents remain responsible for the support of their
children until age 21 unless earlier emancipated, at age 18, children
are entitled to make their own decisions regarding where they live and
when they see their parents and, therefore, are able to determine their
own custody and visitation arrangements.
To discuss any issues or questions with respect to custody issues, please contact Lawrence
J. Schwind.