More Divorce Topics
Visitation Rights and Time
Visitation and Parenting Time: The parent having court ordered visitation or parenting time generally seeks to have this done around a work schedule. There are no minimums or maximums under the law and the amount of time and when that time shall occur can be addressed by the parties in a settlement agreement. If a settlement cannot be reached, a court shall make this decision after hearing from the parties. Parents are better suited to make these decisions and a settlement is often superior to a court order, but that is not always possible. If the court is asked to make the decision on visitation or parenting time, a party’s schedule is a factor but the child’s schedule and best interest is the priority. Judges are very interested in stability and keeping the status quo as much as possible for children in good situations.
Supervised Visitation: Under some circumstances a party may ask that the parenting time/visitation of the other parent be supervised in some manner. If a court believes that supervision is required for the best interest of the child, it will order that to occur. Supervision can take many forms and can be as relaxed as having any other adult present overnight or as strict as requiring it to be done at a visitation center with trained professionals watching everything. Some cases may require supervised visits for a period and then move to unsupervised. Each case is different and if this issue is possibly present in your case, you should discuss it with your attorney and seek advice on the best way to proceed.
Visitation Issues and Problems: Many issues can arise during visitation which cause problems for the parties. This may be a parent failing to exercise the parenting time/visitation, failing to take the child to events or extra circular activities, failing to be on time, placing the child as a go between or many other issues. When these types of problems arise, a party needs to try to work through them and co-parent to the best of their ability. You should create a journal and document the issues, letting your attorney know if the problems cannot be rectified.