Custody and Visitation Disputes: Best and Worst Cases

When a divorce or dissolution of marriage is brought before the family court, child visitation is considered at the same time. Factors similar to child custody considerations are examined. Child visitation refers to the time in which a non-custodial parent is allowed to meet or visit with his/her child. However, under certain circumstances, a parent can be denied child visitation or child custody. Child visitation is often associated with the term “parenting plan,” which typically outlines the type of legal custody and physical custody of each parent, and can also define when the child is to visit or be with the non-custodial parent. Parents can reach such an agreement on their own (the best case) or the court can decide the matter (often the worst case).

Typically, the best situation for a child in a divorce, child custody, and child visitation matter is when both parents manage to solve their personal differences to reach an agreement or parenting plan or child visitation schedule out-of-court. In this case, any agreements reached between both parents can become the parenting plan. When a parenting plan is created and child visitation and child custody issues are resolved, it may not require any more matters to be brought to the court even if the child is very young. A decade ago, the family courts would often give infant visitation guidelines preventing the non-custodial parent from spending a lot of time with his/her child. Such provisions are not valid anymore, and frequent and continuous contact with both parents is encouraged. Off-court agreements do not necessarily need to be translated in a written contract and signed by both parents. However, parents may be well advised to have a written and signed parenting plan for future reference in case a child custody or child visitation dispute arises. It can also be used as a stipulation between both parties and then issued as a court order for future enforcement purposes.

What if the parents are not able to reach an agreement on child visitation or child custody? Both parents will often be required to participate in a mediation process before having a court hearing or before a judge hears the case. Typically, the parents will be assisted in working out a parenting plan by a third party or mediator, who can be an experienced attorney or social worker. Many child visitation and child custody issues find a happy ending through mediation sessions resulting in a parenting plan agreement, which can then be presented as a stipulation and then as a court order.

Generally, the worst case is when mediation fails. If this happens, the next step is typically a court hearing to solve the issues. Judges now often require custody evaluations of the family by experts in the field of child psychiatry, psychology, or mental health. Licensed social workers can also be called to present evidence for consideration. Once all pieces of evidence have been presented, the court will typically make its decision. This is the worst type of child custody and child visitation dispute, because it can be very complex, expensive, and drawn out. In some highly contested child custody and child visitation cases, the dispute will eventually result in denying child custody and child visitation rights to one of the parents.