Home Court Role in Visitation Schedules

Court Role in Visitation Schedules

What Are Court Ordered Visitation Schedule

What Are Court Ordered Visitation Schedule

Parents each have visitation rights when it comes to parenting their children.

When a couple of divorces, unless they have joint custody of their children, there will be one custodial parent and one non-custodial parent.

The non-custodial parent will usually have visitation rights through a visitation order that allows them to see their children. There are many issues that may arise when a couple is following a visitation order.

When a couple cannot work past their differences, the court steps in to help determine what visitation rights are fair. Consult child visitation lawyer to review your case.

While the family courts prefer that parents devise their own visitation order, they recognize that the animosity that parents may have for each other can make that impossible.

If the child’s parents cannot decide on a mutually accepted visitation schedule, then a court-ordered visitation order is created by the family court.

While the court tries to satisfy the non-custodial parent’s visitation rights, a court-ordered visitation order sets up a schedule that parents often disagree with. This often leads to later disputes about the court-ordered visitation order.

Parents that can work on agreeing and making their own visitation schedule, is usually preferable and benefits everyone involved. If a court-ordered visitation order is necessary, there are some common schedules that may be put into effect.

While the non-custodial parent’s visitation rights are not usually terminated, they may find that they do not get to see their child as much as they would, if the two parents could come to an agreement.

There are several typical schedules that a non-custodial parent might be given as their court-ordered visitation order.

One common schedule for a non-custodial parent is a weekly schedule of alternate weekends. Sometimes the court-ordered visitation order will also allow one night a week, depending on the distance between the two parents’ locations.

A holiday schedule is usually created as part of a court-ordered visitation order. Visitation rights do allow for a parent to see their children on holidays, depending on the circumstances. Usually, the holidays are split between the parents.

Holidays may also be switched on a yearly basis, with a child spending one Christmas with their custodial parent and the next year’s Christmas with the non-custodial parent.

Usually the child is allowed to be with their mother on Mother’s Day and their father on Father’s Day. Vacations are other times that a child may spend a few weeks at a time with the non-custodial parent.

Often, a visitation order allows for the non-custodial parent to have the child from two to four weeks, consecutively.

It is sometimes necessary for a court-ordered visitation order to be created if the parents cannot come to an agreement. Although it may not always be preferable, the courts do try to keep both the visitation rights of the non-custodial parent and the child’s best interests in mind.

Determining the Best Interest of the Child First

Determining the Best Interest of the Child First

The Family Law Act exists to serve the best interest of the child when determining custody and visitation.

However, it can be hard at times for a family court to determine exactly what visitation schedule might suit the child’s best interests.

To try to limit the confusion about visitations, the Family Law Act devised a list of basic ground rules involving visitation and custody that should be considered in every case. These guidelines are followed as carefully as possible.

Parents who get along with each other definitely help in working towards the best interest of a child, but unfortunately, there are many times when that does not happen.

The family court takes over when parents cannot agree on a child visitation schedule that is mutually acceptable. When the family court is making a visitation schedule, they have two primary considerations as well as many alternate considerations that are taken into mind.

The two primary considerations are allowing the children to spend a good amount of time with each parent during visitation and making sure that the children are safe. This is why a parent’s visitation rights can be terminated or limited to supervised visits if the court finds the parent to be unfit.

There are other factors that are given thought when the family court decides on visitations schedules. If the child is old enough, their thoughts on the visitations and what the schedule should be are considered.

A child’s relationship with each parent is taken into account when setting a visitation schedule. They also look at the child’s environment and living conditions with each parent.

A court will take into account which of the parents has maintained a closer relationship with the child. Visitation schedules that force a child to stay at a parent’s house that they are not too familiar with, may not be a desirable situation.

A family court also looks at the relationship that the parents have with each other. If there have been any emotionally or physically abusive instances, the court will be likely to take that into account when creating a visitation schedule.

If both parents are flexible and treat each other with respect, then the judge will be more willing to allow generous visitations to each parent. Any incidents that have occurred since the divorce or separation, may also be taken into account.

It is in the best interest of everyone to see the child happy and healthy. While a parent can fight a visitation order that they do not feel is fair, they should think about whether they are fighting visitations for the rights reasons.

Understanding Legal Representation

Understanding Legal Representation

When a couple with children decides to divorce, one issue that they must consider is what type of visitation schedule they are going to have.

A parent may wish to hire a visitation lawyer if they cannot agree on the terms of the visitation schedule with their ex-spouse.

Even if there is an agreement, hiring a visitation lawyer may help a parent to understand their visitation rights.

Lawyers who specialize in visitation issues will usually specialize in their family court issues such as custody and child support.

A visitation lawyer can be found through the local family court, that a couple is using to finalize their legal arrangements regarding their divorce and custody issues.

There are many reasons why one may choose to hire a visitation lawyer. There may be times when the custodial parent thinks that the non-custodial parent should have limited visitation.

Each parent is allowed visitation rights. Lawyers who handle custody and visitation issues will often advise a custodial parent to be cooperative with their ex-spouse when it comes to designing a visitation schedule.

A visitation lawyer will help a parent with every aspect of the process of making a visitation schedule. While lawyers are commonly used to broker visitation and custody agreements between former spouses, they can also answer any questions that a parent has about visitation rights.

Lawyers will help a parent file any petitions, such as a request for a change in the visitation schedule. While a parent can do this on their own, if they are confused about the process or in disagreement with their ex-spouse, a visitation lawyer might be necessary.

If the parents are in disagreement about visitation arrangements, they are facing a difficult situation. Family court lawyers prefer that parents make their own visitation schedule.

A judge will rarely deny a visitation order that both parents agree on. However, if no agreement can be reached then a visitation lawyer can work with the family court to make one that is fair and balanced.

Any visitation schedule that is made by the courts, will be designed with the best interests of the child as a top priority.

A visitation lawyer will keep this in mind when discussing custody and visitation arrangements. If both parents have a visitation lawyer working for them, then the lawyers may wish to work directly with each other.

This arrangement may be preferable, especially if the relationship between the parents is a hostile one.

During divorce proceedings, agreeing on a visitation schedule may be very difficult for parents.

While each parent has the right to represent themselves in order to take advantage of their visitation rights, lawyers who specialize in family issues may be able to may the process easier.