CUSTODY & VISITATION
Even though your marriage or relationship is dissolving, your role as a
parent will continue. Your ability to sustain co-parenting after divorce and
have a positive impact on your children is highly dependent on your ability to
problem solve and communicate together on issues related to your children’s
welfare.
The judge does not know you or your children. If you want them to appreciate
your side of the case, you are going to have to provide details about you and
your family. You must be able to back up that information with as much
independent proof as possible. Your thoughts, feelings, beliefs and opinions are
all valid. However, the court must base its decision on genuine evidence.
The most common
custody arrangement selected by the court is
joint custody with the
non-residential parent (that is, the parent with whom the children do not reside
with the most) having visitation of at least every other weekend from 6 P.M.
Friday to 6 P.M. Sunday, with a rotation of traditionally celebrated holidays
(Christmas, Hanukkah, New Years, Thanksgiving, birthdays, etc.), all or a
portion of the children's spring breaks and a prolonged uninterrupted visitation
period in the summer.
The length of summer visitation depends mostly upon the age of the child. The
older the child is, the longer the summer visitation, generally two weeks to a
month. In addition, weekly Wednesday evening visitations are frequently awarded
to non-custodial parents.
Sole custody is granted
only very rarely and only in circumstances where the presence of the
non-custodial parent in a child's life places that child in clear and present
risk of truly serious injury (sexual or physical abuse of a child, etc.)
Time sharing or shared
parenting describes an arrangement through which both parents
share the children. Time sharing can be varied as the families that use it.
There is no "right" parenting schedule that
fits all families or all age groups.
There are a number of very useful on-line calendaring tools that may
help you and your former spouse with scheduling and record keeping
concerning your parenting times with the children. We suggest you
investigate these free on-line shared family calendaring systems at:
More on the subject of Custody & Visitation:
|