Divorce Child Visitation

Divorce takes its toll on everyone in a family, including children. If not handled properly, divorce can create feelings of confusion, loss, fear, resentment, and anger in children. Child custody and visitation laws were created to smooth the transition from being one family to having two parents who live apart.

In a child custody case, the parent who is granted primary custody is referred to as the “custodial parent.” The other (“noncustodial”) parent is given visitation rights. A typical visitation schedule allows the noncustodial parent to have the children one or two days a week, plus some weekends; however, both parties can come up with a schedule that works best for them.

Visitation allows the noncustodial parent to maintain a healthy relationship with their children. By allowing the children to interact with both parents, it is believed that they can reduce the negative feelings that sometimes accompany divorce.

Both parents usually decide upon visitation arrangements during mediation or negotiations; visitation cases rarely go to trial. Often the judge will order reasonable or liberal visitation, and leave it up to the parents to come up with the terms.

It is important to put your visitation schedule in writing so both parties understand the terms and can agree to it. Having this in writing can also help you avoid confusion, misunderstandings, and even going to court. Showing the written schedule to the children will help them understand the arrangement better. This schedule can be changed in the future without appearing in court.

There are some cases in which the judge can deny visitation rights. If there is evidence of emotional, physical, or sexual abuse by the noncustodial parent, visitation may be denied.  If it believed that the noncustodial parent is planning to kidnap the children and travel across the United States or to a foreign country, the judge may deny visitation or order supervised visitation.

During supervised visitation, a social worker or mental health professional must be present during the noncustodial parent’s visit with the children. This type of visitation is rare, and is typically only ordered in cases of alleged child abuse.

Do you have questions regarding divorce child visitation? If so, contact an experience divorce lawyer in your area today.