Family Law Blog

How is Child Visitation Time Decided?

Friday, June 29, 2018

If you are splitting with your spouse, you might not care so much about the property and other assets in your marriage so much as you care about if you will ever get to see your children again. However, many going through this process are confused as to how the process of deciding visitation actually works. Who even decides? Is it the courts or is it the parents?

The truth is that when deciding visitation, it is a bit of both. When deciding child custody, the courts will always examine the facts and make a decision on what is best for the child. Ideally, they will want to prefer joint custody, but will decide a primary custody holder. Afterward, they will also recommend a visitation schedule.

Once primary custody rights have been assigned, the actual realistic visitation schedule will be sorted out with the parents. Obviously, if one parent decides to move to a different town, it may not be feasible to have visitations every weekend. That schedule could disrupt the child's school and life schedule. Instead, it may be decided that they visit every other weekend with longer stays over school holidays.

However, if the primary custody holder is not adhering to the recommended visitation schedule, unfortunately for the non-primary custody holding parent, they have little choice but to return to court. Before returning to what could be an expensive court battle, it is important that the non-primary custody parent seek the advice of a lawyer to look over the original court orders. If the courts laid out a visitation schedule and the primary custody holding parent is technically still in compliance, you will not have much of a case.

If you are going through a divorce where child custody is likely to be an issue, then you need to contact us today. What you need more than anything else is skilled legal counsel to make sure that you still get to see your kids again after divorce.