Divorce Custody Visitation

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Visitation is an important aspect of a divorce procedure in any state. It is a child related issue that is resolved by taking help of state laws. It is observed that all states have same rules when it comes to general concepts about this subject. However, there may be some variations in the detailed legal provisions of parents' right to maintain contact with the children. Thus, every case of divorce custody visitation may be handled differently.

Generally, these rights come under the contact law. It is an integral part of the family law. It means that a non-custodial parent will be able to see a child, take an active part in the development and maintain a nice relation. It is natural right of a biological parent. After the determination of child custody, it is possible to work out a visitation schedule. Some usual suggestions are as follows:

  • Teens and Elementary School age group: alternate weekends and extended periods during school breaks.
  • 2 to 3 years: 2 days inclusive of 1 night in a month
  • 18 months: 1 day and 1 night at alternate weekends
  • 1 year old: 1 day per week
  • Infants: Every 2 or 3 days, the infant must spend some hours with the non custodial parent in order to develop a bond. Overnight stay is not recommended.

Types of Divorce Custody Visitation

As mentioned earlier, every state might have different regulations when awarding visitation. In case of parents, there are two main types:

  • Supervised meeting: This type of contact is preferred when a non-custodian partner is undergoing legal punishment for a criminal offense or has a past record of abusive, violent behavior.
  • Unsupervised meeting: It s granted under normal circumstances, where both parents are on mutually good terms and able to maintain a formal contact.

After a divorce, grandparents or any person related to the child may demand to have legal permission to develop and retain contact with child. Every state takes a different stance on this issue. However, the general classification can be made as follows:

  • Restrictive rights: Some states regard grandparents meetings as an interference in the parents' method of upbringing. Thus, they grant permission for one or two visits only.
  • Permission for frequent contact: Other states prefer to permit a regular contact with the kids and grandparents for it is held as helpful for the development and nourishment of the little ones.

Factors to consider in Divorce Custody Visitation

While the parents develop a contact plan, they must keep the following factors in mind:

  • The best interests of the child
  • The set routine.
  • Holidays
  • Vacation time
  • Probable conflicts in schedule
  • The extracurricular activities, school schedule and social life.

Highlights of Divorce Custody Visitation

Pick up and Drop off

  • The spouses should not view the pick up and drop off arrangement as a chance to initiate or continue an argument with the ex spouse.
  • Even if one parent cannot get along with the ex spouse, he or she should try to maintain dignity in behavior in front of the child.
  • The custodial parent must ensure that the child is prepared prior to the arrival of the ex spouse.
  • The non custodial parent must make it a point to reach the location on time. If on any occasion, he/she cannot reach on time, he/she must call the custodial parent and intimate the time when he/she can be expected.

Planning the holidays

  • The ideal method is to alternate a specific holiday each year. For example, if the father has the child on Christmas in 2008, then in 2009 the mother would have the opportunity to spend time with the child.
  • Let us assume that as per the visitation plan, the child has to spend a particular holiday with the father. However, the father is required to attend office on that day. Then, the father must permit that holiday with the mother, without exchange of any other holiday.

Planning the vacation

  • The average vacation time is 2 weeks in summer. If it is feasible, then these 2 weeks must not be consecutive.
  • If the vacation time in school is consecutively two months, parents should divide it equally between them.

While following schedules, the partners should keep it in mind that the child is being provided with enough support and stability. The kid should not bounce back and forth between the 2 houses. Also, no parent should try to influence the child's feelings and opinions about the other during visitation.

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