Child custody is often one of the most contentious and emotional issues in a divorce. It is also costly – both financially and emotionally. At McIntosh Lawyers, PC, we uniquely serve our clients in child custody cases by providing a blend of strategic litigation skills and experience which are tempered by honest guidance. We know that your child’s well-being is your primary concern as you navigate a divorce. As a corollary, McIntosh Lawyers, PC serves you while being mindful of your interest in protecting your child. Unlike other lawyers, McIntosh Lawyers, PC maintains steady objectivity, grounded in strength, knowledge and experience, while guiding clients in child custody matters. The paramount consideration in custody determinations is the best interest of the child. In order to ascertain the child’s best interests, the Court is required to consider all factors which legitimately impact upon the child’s physical, intellectual, moral and spiritual well-being on a case-by-case basis in deciding how to allocate post-divorce parental authority via legal and physical custody. Custody is generally broken down into two categories:

• • Legal custody is the right to make major decisions affecting the child. Major decisions can include education, elective medical treatment, and religious decisions. Parents usually share joint legal custody of the child.

• • Physical custody refers to the party with whom the child actually resides, either partially or entirely. Custody also involves other ancillary issues including:

• • Primary custody – the parent with primary custody has the right to the majority of custodial time with the child.

• • Shared physical custody – shared physical custody involves nearly equal custody for both parents or an arrangement that allows for substantial continuing contact between the child and both parents.

• • Partial custody – the parent may take the child from the physical custodial parent for some overnight stays.

• • Visitation – parent with visitation rights spends time with his or her child but cannot remove the child from the authority of the custodial parent.