Visitation folds into custody. A better way to think about it is in terms of custody labels. i.e. physical custody and legal custody. Physical custody is the physical placement of the child or how much time they spend with each parent. Visitation is the amount of time each parent spends with a child, therefore it falls into the umbrella of physical custody. Legal custody is the ability to make decision for the health, wealth, welfare, safety of the child. For example making decision regarding their medical treatment, the school they go to, their faith, how they dress, and more. Visitation is limited to physical custody and is primarily determined by a best interest test. These are called Best Interest Factors and they include factors such as: who is the primary care taker of the child, what is the degree of nurturing and bonding either parent has with the child. Conducts such as alcoholism, domestic violence, et… are all taken into consideration when the court determines how much time the children will spend with each parent.
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