Child Custody Law

An Explanation of Reasonable Visitation

Key Takeaways

  • An alternative to scheduled visitation is a reasonable visitation schedule which is more flexible.
  • Reasonable visitation gives the parents joint decision-making over spending time with their children.
  • Reasonable visitation can work best for parents who get along or who have variable work schedules.

It’s important for both parents to spend time with their children after a divorce. There’s no set custody and visitation schedule that works for all families. Parents and children benefit from a visitation schedule that accommodates their needs. Reasonable visitation provides a flexible child custody order when a fixed visitation schedule is not an option.

Reasonable visitation can depend on many factors and changes over time. Below, we explain how reasonable visitation works and how parents can come up with their own visitation agreements. For legal advice on custodial rights and co-parenting time, talk to a child custody lawyer.

Reasonable Visitation for Child Custody

Most parenting plans use scheduled visitation for a predictable visitation plan. When you know your schedule, you can make long-term plans for schooling, family visits, and vacations. Children often benefit from routine and knowing when and for how long they’ll spend time with a noncustodial parent. However, scheduled visitation doesn’t work for all child custody situations.

A reasonable visitation schedule is an alternative to scheduled visitation. Reasonable visitation is more flexible. Reasonable visitation gives parents joint decision-making over spending time with their children. Reasonable visitation can work best for parents who get along and have good communication. It’s also a good option for parents with variable work schedules.

Standard Visitation Schedules

There’s no one-set standard visitation schedule. There are a variety of standard schedules based on the parents’ schedules and the child’s needs. Some typical visitation schedules include:

  • 50/50 schedules (alternating three to four days, alternating weeks, or alternating two-week schedules)
  • 60/40 schedules (extended weekends with one parent and weekdays with the other)
  • 70/30 schedules (every weekend with one parent and weekdays with the other)
  • 80/20 schedules (alternating weekends with one parent)

Even with standard schedules, parents have to make special arrangements for birthdays, holidays, and school vacations. For times when both parents want to be with the child, the simplest option is to alternate holidays and vacations.

A child should be able to rely on their parents to make the best decisions for them when they’re sick or a parent has to go out of town for work. Parents should still be flexible and communicate with the other parent when it’s in the child’s best interest.

Factors in Making Visitation Schedules

Visitation schedules are variable — so many factors can affect how parents spend time with their children. Factors in making visitation schedules include:

  • Parents’ work schedules
  • Child’s age and health
  • Where the parents live
  • Relationships with other siblings and family members
  • Child’s school schedule
  • Extra-curricular activities
  • How well the parents communicate and interact
  • History of abuse or substance abuse

Some factors change over time. As a parent, you may get a new job or move to another country. Parents can adapt their schedules if they can agree on a plan. If you can’t come up with a modified schedule you both accept, you can go to the court to modify the custody arrangement.

Difference Between Supervised and Unsupervised Visitation

Most visitation is unsupervised. Parents can spend time alone with their children without the oversight of the other parent or the court. This is the standard type of visitation unless the court has safety concerns about the child’s well-being. During unsupervised visits, the parent is responsible for supervising their children and keeping them safe.

If a noncustodial parent cannot provide a safe environment for their child, the court can order supervised visitation. Supervised visitation has a third-party present during supervised visits. The supervisor can be a family member, approved friend, or court-appointed supervisor. The parents are responsible for the supervised visitation costs with a professional supervisor.

The courts can order supervised visitation for parents with a history of substance abuse or mental health problems. Supervised visits are also for parents with a history of domestic violence, or where there are allegations of child abuse or neglect.

Changing From Reasonable Visitation To Scheduled Visitation

Some parents find that reasonable visitation worked well for a time. After a few years, the parents may not communicate as well or have more disagreements over child visitation time. You can go to the court to modify the custody court order for a scheduled visitation order. Depending on the custody and visitation time, this could also change the child support order.

The court will modify the child custody order if it’s in the best interests of the child. You can communicate with the other parent to find a visitation schedule you can agree on. If you can’t come up with a mutual schedule, the court may send you to mediation to come up with an acceptable agreement.

Getting More Visitation Time With Your Child

Generally, family law considers shared parenting to be in the child’s best interests. Shared custody and parenting time are the norm for most child custody orders. But this doesn’t mean each parent will have equal time with their child. If you want more time with your child, you may need a court order to ensure you get the important parenting time you need.

If you have a reasonable visitation agreement, a scheduled agreement can make sure you have a set schedule you can rely on. Talk to a family law attorney about making changes to the physical and legal custody agreement. Contact a child custody lawyer to talk about your visitation rights and getting more time with your children.

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