Pennsylvania courts determine child visitation by determining what is in the child’s best interests and by looking at the relationship of each parent with their child. Voluntary visitation agreements are preferred by the courts. It's easier for the parents to decide a schedule when they are cooperative. However, many times couples are unable to decide and have to go to mediation. In Pennsylvania, the court can order mediation, and also order one or both parents to pay for it. If the mediation does not resolve the visitation matter, then the judge will interview the parents, witnesses, other family members and talk to the child before making a decision on the visitation schedule. It is recommended that you speak with a family law and divorce lawyer to get advice about child visitation and other divorce issues.
Visitation
When the court is deciding the child visitation rights of the non-custodial parent, the court takes the following factors into consideration:
- Proximity of where parents live in relation to one another
- Location of child’s extended family such as grandparents, aunts and uncles
- Which parent lives closer to the child’s school, social activities and friends
The court has the power to deny child visitation in cases of physical or mental abuse or if a parent has a drug or alcohol addiction problem. The court will order a fixed schedule when there is severe hostility between the parents. Otherwise, court ordered visitation can be reasonable and leave visitation times and dates to the parents. Whether the visitation is voluntarily decided by the parents or court ordered, schedules and arrangements vary depending on each couple’s circumstances. Typical visitation schedules involve alternating weekends, holidays, the child’s birthday, summer holidays and vacations. You may want the flexibility of having extra visitation days in your schedule that don’t require court modification or changes. A child visitation schedule is good for the parents and the child. It gives the parents time to spend with their child, and provides the child with stability.
Grandparent Visitation Rights
Grandparents have the right to petition the court for visitation with their grandchildren. The judge will want to hear about the relationship of the grandparent and the parents and the relationship between the grandparent and the child. Grandparents should be prepared to discuss their personal life and history, including medical history or any problems with the law. Ultimately, it is the court’s view that parents have a fundamental right to decide and control their child's lives and upbringing. So if you object to a grandparent visiting with your child, the judge will listen to your testimony and consider all factors when making a decision about grandparent’s visitation rights.
Hire an Attorney
When it comes to child support, custody and visitation matters, parents can become hostile towards one another. It’s a good idea to hire a family law and divorce attorney, especially if your spouse has hired one as well. The attorney can give you legal advice, and explain your rights and obligations.
