In the average divorce child visitation is the main issue that causes problems. Determining which parent will be the custodial parent in a divorce case and which parent will merely have visitation rights can be a confusing and complicated procedure for all parties involved. Because everyone wants to spend as much time with his or her children as possible, egos and emotions can become involved that will complicate the situation even further. So, how can you establish reasonable and workable child visitation rights during a divorce proceeding so that the children can have the benefit of exposure to both parents while also minimizing any stress and undue hardship on the children in the process? Luckily, there are a number of ways to make this possible.
Creating Divorce Child Visitation Rules
- One way to determine a workable visitation schedule during a divorce is to try to talk it out with your spouse, whether individually or through a mediator.
By working on a schedule for visitation that fits both of your lifestyles, you can provide the maximum possible time for each parent to spend with the children, without creating a schedule that is so confusing and complex that it is unworkable. By having a discussion with your former spouse, you can also work around what days you need to have transportation or childcare so that the children’s needs are always met without major modifications being required to your own schedules.
- Another way to establish child visitation rights during a divorce, especially if you cannot communicate on an adult level with your former spouse, is to allow the courts to do the scheduling for you.
The courts will work under the assumption that the maximum amount of time spent with each parent is in the child’s best interests, so be prepared to have a very fractured, split schedule, especially on holidays and other important dates. Allowing the court to create the visitation schedule is risky because it can lead to extra problems for you as you are trying to fit your life to a schedule that was designed by someone who has no idea what your life is actually like.
Getting Help
You can also determine a visitation schedule for your divorce by discussing the issue with your lawyer, and having your lawyer and your spouse’s lawyer try to come to an agreement so that you can present the visitation schedule to the court, rather than having the court decide what it should be. Working with a lawyer can be a great way to get a schedule you need without having to work directly with your spouse.
