Posts Tagged ‘Child visitation’

Who Decides Upon The Visitation Schedules?

Wednesday, May 23rd, 2018

Because you and your spouse will no longer be living together after the divorce, a visitation schedule will be constructed to preemptively map out the dates and times the child will spend with each parent, and to organize the child’s life in an orderly fashion. This schedule is greatly (and obviously) impacted by the child custody order, as depending on whether there is sole or joint custody will subsequently influence how much time the child spends with each parent. But, who creates the visitation schedule?

As is the case with all child-related matters in family court, the judges primary concern is “what is in the best interest of the child?” Although a judge is not always needed to decide custody and visitation (for example, both of these can be dealt with outside of court by working with a mediator), if it gets to that point, the judge will be the one to decide on what custody/visitation arrangement is in the best interests of the child. By going to court, and not resolving these issues amongst themselves, parents are no longer in control over a huge part of the child’s life.

It would be ideal for the parents to be able to cooperate in the construction of the visitation schedule and create a realistic custody agreement that works for the family, as well as their child. The way that you and your spouse would decide on these issues is most likely not going to be in line with what a judge would rule on, however they will always be focused on ensuring the child’s interests are the top priority.