Custody, Visitation and Support

Custody, Visitation and Support: Safeguarding Your Children’s Future and Well-being

For parents navigating separation or divorce, no legal matter is more paramount than ensuring the welfare and stability of their children. Decisions concerning child custody, visitation, and child support are not merely legal decrees; they are foundational pillars that shape a child’s upbringing, educational path, emotional development, and access to both parents for years to come. At Leigh S. Gettier, Attorney at Law, we approach these sensitive cases with profound empathy and unwavering dedication, recognizing that the “best interests of the child” must always be the guiding principle. Leigh Gettier is committed to advocating fiercely for parents to secure custody arrangements that foster healthy parent-child relationships, establish fair visitation schedules, and ensure support orders genuinely meet children’s financial needs, providing a secure and nurturing environment for their growth.

Child custody itself is typically divided into two core components: legal custody and physical custody. Legal custody refers to a parent’s right and responsibility to make significant decisions about their child’s life, including education, healthcare, and religious upbringing. Most courts favor joint legal custody, where both parents share decision-making authority, believing that children benefit from both parents being involved in these crucial choices. However, in certain circumstances, such as a history of abuse, neglect, or severe parental conflict, sole legal custody may be granted to one parent to protect the child’s well-being and ensure stable decision-making. Physical custody, conversely, determines where a child lives on a day-to-day basis. This can also be sole physical custody, where the child resides primarily with one parent and the other parent has visitation rights, or joint physical custody, where the child spends significant time living with both parents. Joint physical custody often involves an arrangement where children split their time between parental homes based on a predetermined schedule. Leigh Gettier works meticulously to understand each family’s unique dynamics, the parents’ capabilities, the child’s needs, and any existing relationships to propose and advocate for a custody structure that promotes stability and facilitates optimal development, always with the child’s welfare as the central focus.

Closely intertwined with physical custody is visitation, often referred to as “parenting time.” This outlines the specific schedule for the parent who doesn’t have primary physical custody to spend time with the children. While many jurisdictions have standard visitation schedules, Leigh Gettier advocates for customized parenting plans that are meticulously tailored to the specific circumstances of each family. This includes detailed schedules for regular weekdays, alternating weekends, holidays, school breaks, and summer vacations. Factors such as parents’ work schedules, children’s extracurricular activities, school calendars, and geographical distance between homes are all carefully considered to create a practical, consistent, and child-focused plan. For parents living in different cities or states, specialized long-distance parenting plans are crucial, often involving extended visits during school breaks, shared travel expenses, and utilizing technology (video calls, messaging) to maintain frequent and meaningful communication. Our goal is to ensure that both parents have meaningful opportunities to remain an active and positive presence in their children’s lives, fostering strong bonds and shared parental responsibility, even when living separately.

Child support is the financial obligation one parent pays to the other for the care and upbringing of their children. Calculations for child support are typically based on state-specific guidelines, which take into account factors such as the gross and net income of both parents, the number of children, the amount of time each parent spends with the children (custody arrangement), and essential expenses like health insurance premiums, uninsured medical costs, and childcare costs. While guidelines provide a framework, the specifics can be complex, and disagreements often arise over accurate income calculations, especially for self-employed individuals, those with fluctuating incomes, or those intentionally underemployed. Leigh Gettier is adept at navigating these financial complexities, ensuring accurate income assessments, advocating for appropriate credits for certain expenses, and fighting for a child support order that is fair, legally compliant, and genuinely meets the children’s needs while being sustainable for both parents. She understands that child support is not a punitive measure but a fundamental right of the child to be financially supported by both parents.

Life is dynamic, and as children grow or parental circumstances evolve, there may be a need to modify existing child custody, visitation, or support orders. To request a modification, a party must generally demonstrate a “material change in circumstances” since the last order was issued, and that the proposed modification is in the child’s best interests. Common reasons for modification include a parent’s relocation (whether local or out of state), a significant change in a parent’s income or employment, a child’s changing educational or healthcare needs, or concerns about a parent’s ability to provide a safe and stable environment. Leigh Gettier has extensive experience with modification proceedings, understanding the strict legal requirements and the evidence needed to successfully argue for or against a change in custody, visitation, or support. She guides clients through the complex process, ensuring their legal arguments are well-supported by evidence and compellingly presented to the court.

Beyond standard custody and support matters, Leigh Gettier also provides strong advocacy in more complex situations, such as parental relocation disputes, where one parent wishes to move a significant distance with the children, or cases involving enforcement of existing orders when one parent is not complying with custody, visitation, or support arrangements. These challenging cases require immediate and strategic legal intervention to protect the child’s well-being and the rights of the compliant parent. She handles contempt motions for non-payment of support or denial of visitation, and seeks to resolve high-conflict co-parenting issues that negatively impact children. Leigh Gettier approaches every case with the seriousness and sensitivity it deserves, always prioritizing the child’s stability and security while fiercely protecting her client’s parental rights and responsibilities.

While litigation is always an option, Leigh Gettier often encourages alternative dispute resolution methods, such as mediation, as a less adversarial pathway to resolving custody, visitation, and support disputes. Mediation empowers parents to work collaboratively, with the help of a neutral third party, to create personalized solutions that meet their children’s best interests. This cooperative approach can reduce conflict, preserve co-parenting relationships, and lead to more durable agreements, benefiting everyone involved. However, when mediation is not suitable or successful, or when one parent is unwilling to cooperate, Leigh Gettier is a tenacious and prepared litigator, ready to advocate forcefully for her clients and their children in court, ensuring their voice is heard and their rights are protected.

Choosing Leigh S. Gettier, Attorney at Law, for your child custody, visitation, and support needs means partnering with an attorney who combines deep legal knowledge with genuine empathy for your family’s situation. She provides clear communication, unwavering support, and strategic guidance throughout the entire process, committed to achieving a lasting resolution that promotes your children’s well-being and allows you to move forward confidently as a parent.