Divorce Help 101
Visitation
Visitation is an area of family law that addresses the time a non-custodial parent will spend with their children.
Custody is one of the most charged issues parties or the family courts can address. The process is complicated by the fact that often a parent is unwilling to give up time with their children and visitation, by definition requires just this.
While there are different types of custody, visitation is always time that the non-custodial parent spends with their children. The issue of visitation is dependent on the type of custody the custodial parent has with their children. In some cases there may be no visitation. This is not to say that the one parent will not be allowed to see their children, but rather that the parties have a custodial arrangement where they have equal time with their children and actually called joint custody.
Essentially there are two basic kinds of visitation – supervised and unsupervised. Supervised visitation is generally only used in situations where the children have been put in harms way or where there is a threat of harm to the children. It is important for people to realize that absent some very specific facts that can be identified and determined by a Court, supervised visitation will not generally be ordered. In short, just because one party may want to have their spouse’s visitation supervised doesn’t mean it will automatically happen. As well, to have supervised visitation ordered a spouse will need more than suspicion of some inappropriate activity. Spouses should be careful about alleging conduct that could result in supervised visitation as if it cannot be proven it may hurt the custody case of the person that makes the allegation. All too often out of fear, insecurity or a host of other reasons, one party will lose custody after having tried to limit the other parents time with their children.
Regular, unsupervised visitation is the reoccurring time the non-custodial parent will spend with their children on a regular, non-holiday or summer schedule. This is generally overnight and is set on a regular schedule such as every other weekend or every other week beginning on one day and ending another. If it is ordered by a Court the visitation will be regular such as every other weekend starting on perhaps Friday evening and ending on Sunday evening or perhaps Monday morning. Depending on the facts of the case, it may be extended or limited from this. If the parties can agree, the visitation can be more creative; however, courts are not known for being too creative if the visitation decision is left up to them. This is due to the fact that more creative schedules require heightened communications between the parties. If the parties cannot agree on a more creative arrangement and have to go to court this is generally evidence enough for the Court to believe that the parties will likely not be able to communicate at the level a more creative arrangement would require.
Visitation will also likely have an impact on child support. In short the more visitation time a non-custodial parent has the lower their child support obligation may be. If there is less visitation, chances are child support will be higher, though visitation time is generally only one component of child support.
In order to maximize visitation it is always best for the parties to work between themselves to resolve the situation. If the parties can agree, it will save them time and money in the long run and will always be best for the children as the parents will be better able to communicate on issues between them.
Disclaimer
Custody is one of the most charged issues parties or the family courts can address. The process is complicated by the fact that often a parent is unwilling to give up time with their children and visitation, by definition requires just this.
While there are different types of custody, visitation is always time that the non-custodial parent spends with their children. The issue of visitation is dependent on the type of custody the custodial parent has with their children. In some cases there may be no visitation. This is not to say that the one parent will not be allowed to see their children, but rather that the parties have a custodial arrangement where they have equal time with their children and actually called joint custody.
Essentially there are two basic kinds of visitation – supervised and unsupervised. Supervised visitation is generally only used in situations where the children have been put in harms way or where there is a threat of harm to the children. It is important for people to realize that absent some very specific facts that can be identified and determined by a Court, supervised visitation will not generally be ordered. In short, just because one party may want to have their spouse’s visitation supervised doesn’t mean it will automatically happen. As well, to have supervised visitation ordered a spouse will need more than suspicion of some inappropriate activity. Spouses should be careful about alleging conduct that could result in supervised visitation as if it cannot be proven it may hurt the custody case of the person that makes the allegation. All too often out of fear, insecurity or a host of other reasons, one party will lose custody after having tried to limit the other parents time with their children.
Regular, unsupervised visitation is the reoccurring time the non-custodial parent will spend with their children on a regular, non-holiday or summer schedule. This is generally overnight and is set on a regular schedule such as every other weekend or every other week beginning on one day and ending another. If it is ordered by a Court the visitation will be regular such as every other weekend starting on perhaps Friday evening and ending on Sunday evening or perhaps Monday morning. Depending on the facts of the case, it may be extended or limited from this. If the parties can agree, the visitation can be more creative; however, courts are not known for being too creative if the visitation decision is left up to them. This is due to the fact that more creative schedules require heightened communications between the parties. If the parties cannot agree on a more creative arrangement and have to go to court this is generally evidence enough for the Court to believe that the parties will likely not be able to communicate at the level a more creative arrangement would require.
Visitation will also likely have an impact on child support. In short the more visitation time a non-custodial parent has the lower their child support obligation may be. If there is less visitation, chances are child support will be higher, though visitation time is generally only one component of child support.
In order to maximize visitation it is always best for the parties to work between themselves to resolve the situation. If the parties can agree, it will save them time and money in the long run and will always be best for the children as the parents will be better able to communicate on issues between them.
Disclaimer
