Visitation/Parenting Time

Visitation/Parenting Time: Schedules and Rights for Non-Custodial Parents

1. Definition

  • Visitation/Parenting Time refers to the time a non-custodial parent spends with their child or children following a separation or divorce.
  • In most family law systems, the parent who does not have primary physical custody (the non-custodial parent) is entitled to regular and meaningful contact with their children, unless there are exceptional circumstances (e.g., abuse or safety concerns).

2. Schedules

Visitation/parenting time schedules are designed to ensure ongoing involvement of both parents in the child’s life. Common arrangements include:

  • Standard Schedules

    • Every other weekend (e.g., Friday evening to Sunday evening)
    • One or two evenings per week for dinner or overnight
    • Alternating holidays and school breaks
    • Extended time during summer vacations

  • Custom Schedules

    • Tailored to specific work schedules, school needs, or distance between parents’ homes
    • May include virtual visitation (video calls) if in-person time is limited

  • Supervised Visitation

    • In cases involving safety concerns, visitation may be supervised by a third party or at a designated facility

3. Rights of Non-Custodial Parents

Non-custodial parents generally have the right to:

  • Regular and Predictable Parenting Time
    • As specified in the court-approved parenting plan or order
  • Participation in Decision-Making
    • In many cases, non-custodial parents retain joint legal custody, allowing input on major decisions (e.g., education, healthcare)
  • Access to Information
    • The right to receive information about the child’s welfare, school records, and medical history
  • Protection from Unjust Denial
    • The custodial parent cannot unilaterally deny visitation without court approval; violations may result in legal consequences

4. Modifying Parenting Time

  • Parenting time schedules can be modified by agreement of the parents or by court order if there is a significant change in circumstances (e.g., relocation, changes in the child’s needs).

5. Best Interests of the Child Standard

  • All decisions regarding visitation/parenting time are guided by the child’s best interests, considering factors such as:
    • The child’s age and needs
    • The existing relationship between the child and each parent
    • The parents’ ability to cooperate and communicate