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Unless a court determines that visitation with a noncustodial parent is not in the best interests of the child, visitation by a noncustodial parent cannot be denied, suspended, or restricted by a custodial parent.
Whether mom has primary physical custody and dad has visitation, or whether both parents share custody, when we're talking about physical custody, we're talking about where the child will be living.
Custody of the parties' children will be decided by the court based on what is in the best interests of the children. If the parties agree to a custody arrangement, the court must still make its own determination as to whether the arrangement is appropriate and in the best interests of the children.
Step 1: Determine your court. If you're handling custody separately from your divorce or aren't married to the other parent, file in the J&DR Court where your children live. ... Step 2: Complete your forms. ... Step 3: Submit your forms and pay filing fees. ... Step 4: Serve the other parent and wait for their response.