GENERAL RULES:
The court may award custody to a parent who is a fit and proper person to have custody of the child.
When both parents are fit and proper, the court must conduct a best interest of the child analysis to determine which parent would be the better custodian of the child, based upon a number of factors.
In certain cases, the court will decide both parents are fit and are entitled to joint custody. Parents who are joint custodians must consult with each other and agree on all major decisions affecting the child's welfare.
Natural parents have a paramount right to the custody of their children in a custody contest with a non-parent, unless the natural parent has engaged in conduct that waives the right.
Visitation is simply a lesser degree of custody. The noncustodial parent will generally be granted visitation rights with a child. The times and conditions of visitation will be dictated by the circumstances of a case, but generally a noncustodial parent will have alternate weekend visitation, holiday visitation, and vacation time during the summer months.
Mr. Kelso charges his normal hourly rates in custody and visitation matters.
