How is Visitation and Parenting Time Decided?

When separating or getting a divorce, parents have to deal with spending more time apart from their children. Children may share time equally between parents, or one parent may have primary custody. Child custody and visitation can be one of the most difficult parts of a divorce or break-up. If parents can’t decide on visitation and parenting time on their own, the court may have to step in.

Child visitation laws are different in every state. If you have questions about custody arrangements after a divorce, talk to a local child custody attorney for legal advice.

Who Decides Visitation and Custody?

In an ideal situation, you and your co-parent will decide the parenting time schedule and how to share custody of the child. The family courts prefer to have the parents decide a child custody case to meet their needs and the needs of the child. Parents can decide if they will have joint physical custody and joint legal custody or if one parent will have primary custody.

You and your co-parent are usually in the best position to decide on reasonable parenting time. You must communicate with each other while raising minor children. Unfortunately, some parents have a hard time working together after a separation.

How Does the Family Law Court Decide Visitation?

If parents can agree on how they will spend time with their children, the court may need to decide. The first step in most child custody disputes involves mediation. The parents will enlist a mediator to resolve their disagreements and develop a parenting plan and custody order.

In some cases, mediation may not be the best option. For example, if there is a history of domestic violence, the court generally won’t require mediation.

If mediation doesn’t work, the court may decide child custody. The court will consider several factors based on the best interests of the child. Factors in child custody decisions include:

• The child’s age
• Relationship between the child and the parents
• Child’s wishes
• Other children and family members
• Childcare needs
• Child’s educational, physical, and emotional needs
• The physical and mental well-being of the parents

What Are Examples of Visitation Schedules?

Visitation schedules can depend on the child’s age and any legal custody and physical custody agreements. When parents live near each other, working out shared visitation rights may be easier. When parents live farther apart, one parent may have primary physical custody, and the other parent may have visitation rights.

Equal parenting time is a 50/50 schedule. This may include alternating 3 to 4 days per week, alternating weeks, or 2-week on-and-off schedules. This usually is only practical if the parents live near each other and near the child’s school or childcare.

When parents live further away, they may have a 70/30 or 80/20 schedule. This still allows for regular visits and essential time with the child. For example, one parent may have every other weekend with the child and time over holidays and school breaks.

A visitation schedule should include holidays and school breaks. The parent who does not have primary physical custody may want this time to spend with their child because they are not able to have time each week as they would if they lived closer to their child. However, the primary custodial parent may still want to spend important holidays with the child and visit with other family members. It is not unusual to divide holidays or alternate holidays so the child is able to spend important family time with both parents and respective extended families.

What Does a Parenting Time Order Include?

A parenting time order should be tailored to your family’s needs. Details covered in your parenting agreement will be specific to your situation. There are a few issues your visitation order should address, including:

• Custody labels, such as sole or joint physical custody
• Legal custody and whether one or both parents can make important decisions for the child
• The regular visitation schedule
• Visitation for holidays, summer, vacations, and school breaks
• Who will transport the child to and from parenting time
• Who will pay for the child’s travel to and from visitation
• How parents plan to handle any future disputes

How Can a Family Law Attorney Help?

Visitation and parenting time involves making major decisions about your family’s future. After making the parenting time decision, parents will have to follow the court order or risk contempt of court. A parental rights attorney can give you more information about your legal rights for visitation and parenting time.

Your attorney can also help you handle any visitation disputes with the child’s other parent. It is important for you to be an active part of your child’s life after a divorce. For more information about your legal options for parenting time and child support, talk to a local child custody lawyer.