Visitation Rights: A Guide for Separated or Divorced Parents

Parents often worry about how their children will handle the changes that come with a separation or divorce. The biggest concern is often their children's well-being, which includes ensuring that both parents can maintain a close relationship with them.

This is what visitation rights are all about—providing the non-custodial parent with the opportunity to spend time and bond with their children after a separation or divorce. Here are a few important things every parent should know about visitation rights to better understand this aspect of child custody.

Who Determines Visitation Rights?

In most cases, the parents will decide how visitation will work after a divorce and present a mutual agreement to the court. This cooperative approach is often encouraged as it allows parents to cater to their family's unique needs and can help maintain a more peaceful post-divorce environment.

When parents have a say in crafting their own visitation schedule, they are more likely to stick to it and respect each other's time with the children.

This approach can also benefit the child as it avoids a lengthy court battle and allows them to see that their parents are working together for their best interests. The end result is a more stable and positive environment for the child to thrive in.

However, in some cases, a family court judge may have to step in and determine visitation rights if the parents cannot come to an agreement. This is often seen in high-conflict divorces where communication between the parents is difficult or when one parent has a history of being controlling or abusive.

The judge considers all factors and creates a visitation schedule that is in the child's best interest. These factors can include the child's age, the child's relationship with both parents, the parent's ability to provide for the child's needs, and any history of abuse or neglect. The judge may also consider the child's wishes, especially if they are old enough to express their own preferences.

What Does a Standard Visitation Look Like?

Standard visitation, typically granted to the non-custodial parent, is generally defined by a predetermined schedule, usually allowing the child to spend time with the non-custodial parent on certain weekends, holidays, and a portion of school vacations.

It's common for the child to spend every other weekend (from Friday evening to Sunday evening) with the non-custodial parent.

Holiday schedules can vary, but it's common for parents to alternate major holidays each year. For example, one parent may have the child for Christmas one year, and the other parent will have them the next. Parents often split school vacation periods, such as spring and summer breaks.

Usually, the non-custodial parent is given a significant portion of this time to allow for an extended period of uninterrupted bonding. The specifics can be tailored to fit the child's needs and the parents' schedules, but the focus is always on maintaining the child's relationship with both parents.

Keep in mind that standard visitation can vary widely, and ultimately, it's up to the parents and court to decide what works best for their family. Things like the child's age, the distance between the parents' homes, and the child's school schedule can all influence what a standard visitation schedule looks like.

In some cases, supervised visitation may be ordered if the non-custodial parent hasn't been involved in the child's life for a long time or if there are safety concerns. A third party will monitor the non-custodial parent's visits to ensure the child's safety and well-being. This could either be a family member or a professional supervisor, depending on the specific circumstances.

Call John D Wieser Esq if you need help negotiating visitation rights or have any other questions about child custody. Our team of skilled attorneys is here to assist you every step of the way, ensuring that your child's best interests are always at the forefront. With our expertise, we will guide you through this process with utmost care and dedication.