The process of determining child visitation and custody can be a stressful and confusing time. When parents divorce, they must reach a custody agreement or leave matters up to the judge to decide. Regardless, the child’s needs and best interests are at the heart of any decision. At Simonetti & Associates, our Long Island family Esq can help you establish an agreement that works for you and your family. Continue reading to discover how child visitation is determined.
How Is Child Visitation Determined?
During the divorce process, parents or judges must decide how to allocate parental responsibility and rights. There are usually two types of custody. Legal custody determines who can make decisions about the child’s welfare. Physical custody determines the child’s primary residence and which parent will care for the child daily. If the judge awards sole physical custody to one parent, the other noncustodial parent will be awarded visitation.
In most states, the law presumes that it is within the child’s best interest to have a continuing and meaningful relationship with both parents. The court may award the following types of visitation:
- Reasonable – With reasonable visitation, it is up to the parents to decide an appropriate schedule for visits. If you and your former partner cannot agree on visitation, our Long Island family Esq can help.
- Unsupervised – Unsupervised visitation is the most common type of visitation in the custody order. This means that one parent will spend time alone with the child. The courts will typically decide on a specific visitation schedule for the parents and child. If the custodial parent fails to follow the court-ordered plan, the noncustodial parent can request enforcement from the court.
- Supervised – Supervised visitation is reserved for cases where it is found that it is not in the child’s best interest to be alone with the noncustodial parent. The courts will provide a specific schedule where that parent will spend time with their child with a third-party supervisor in a court-sanctioned facility.
Parents need to work together to create a plan that works for everyone. If you are struggling to reach an agreement with your former spouse, our Long Island family Esq can work with you to determine an appropriate arrangement.
Contact Our Long Island Family ESQ
Whether the issue is child custody, visitation, or support, our Long Island family Esq has the experience to guide you. Be sure to contact Simonetti & Associates today to schedule a free consultation and get started!