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When parents live in different states it can have an impact on the visitation schedule in a child custody case.*

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*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorneyclient relationship. An attorneyclient relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.


I have an example of a client who was a fantastic father and should have gotten parenting time but because he lived far away from the mother and the child's school, the judge did not give the father parenting time with his child. There are times when fathers rights in a custody case are not recognized by the judge.

So, if the parents live far apart and what I mean by far apart is living in different cities or states or country, is joint custody practicable. What determines the visitation schedule? Sometimes it can be if the parent's have a great relationship and sometimes shared custody is not.

At times it makes sense that the custodial parent has sole legal decision making authority

Because a child is living with the custodial parent most of the time that means the parent is probably going to be the one taking the child to the Doctor, making decisions about the child's medical needs, or making decisions on schools, education, religious affiliations, medical, daycare or personal care.

So these are facts specifically that you are going to have to answer and you are going to have to decide on them based on your relationship with the other parents.

1. Where do parents live in relation to each other?
2. If parents live far apart, is joint legal custody practicable?
3. Because of geographic distance, will one parent be making most decisions anyway?
4. How is visitation schedule created?

Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

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