What is Reasonable Visitation?
What is Reasonable Visitation?
After a divorce, the children generally live with one parent or the other. The parent that the children live with is called the "custodial" parent, and the other is called the "non-custodial" parent. The non-custodial parent is usually then granted the right to reasonable visitation with the children. Who Decides What is "Reasonable"?
In most cases, the two ex-spouses will be able to work out a schedule together that they are both satisfied with. But in the end, the custodial parent has the power to decide what is or is not reasonable visitation. However, this power is not absolute. A custodial parent can, for example, refuse visitation in the middle of the night or while the other parent is intoxicated. A custodial parent cannot deny visitation, however, just because he or she does not like the non custodial parent, or because the children do not want to visit with the other parent. What if My Ex-Spouse Has Custody and Refuses to Be "Reasonable"?
If the two parents cannot come to an agreement on their own, the court will decide on a schedule for everyone involved. A common schedule would be as follows: - Visitation every other weekend with the non-custodial parent
- Visitation on either Easter and New Years or Thanksgiving and Christmas with the non-custodial parent
- 5 weeks summer visitation with the non-custodial parent
- Unlimited written and electronic correspondence between children and the non-custodial parent
Do I Need a Lawyer for My Visitation Issue?
If you are seeking to establish or modify reasonable visitation with your children, it may be wise to consult with a family lawyer to discuss your options. Working with an experienced family lawyer can help you understand your rights and help you deal with the complicated legal system. |
