Visitation may be integrated in your divorce or your existing orders can be modified on a post-divorce basis.
Child visitation guidelines set forth the terms of how physical custody of a child will be shared after the parents divorce. There are two types of child custody recognized by the family law system: legal custody and physical custody. Legal custody determines who will make the major decisions that will affect the child's health, education, welfare, and more. Physical custody determines where and with whom the child will spend his/her time.
Child visitation guidelines are established when joint physical custody is awarded.
Joint physical custody is typically arranged so that one parent has primary, or custodial, custody of the child and the other parent has child visitation rights. Courts have total discretion over child visitation guidelines and will always consider what is in the child’s best interest over the wishes of the parents.
The party who is not the primary custodial parent is entitled to “reasonable” visitation with the children. Reasonable for this purpose practically means 20% of a year, or 73 days. This is normally achieved through choosing the “standard” visitation arrangement of alternating weekends and holidays and two weeks during the summer.
Child visitation guidelines can be determined through a process called mediation. During mediation, the parents will meet with a neutral third party mediator (either together or separately) who has special training in assisting parents with child visitation guidelines. The purpose of mediations is to allow both parents to create a mutually acceptable set of child visitation guidelines without going to court. If the parenting plan is in the best interest of the children and both parents can agree to the terms, child visitation guidelines developed through mediation will be honored by the family court.
If child visitation guidelines cannot be created through the mediation process, the court will intercede to make a decision. When the court develops child visitation guidelines it does so to meet the needs of the children involved.
