15 October ,2014 By Admin Category:Divorce

The first consideration in a divorce case when minor children are involved is the best interests of the children. Be it sole or joint custody of children, courts prefer that specific written arrangements and schedules be in place to assure that non-custodial or non-residential parents are able to continue to have relationships with their children. This ordinarily falls under the purview of a parenting plan.

Courts encourage the parties to enter into parenting plans and specific visitation schedules, particularly since it’s far less stressful and expensive than litigating these issues. When social workers, psychologists and attorneys for the children become involved, the cost of litigating child visitation becomes exponentially higher.

Mediators can be of great help to the parents in fashioning a visitation agreement. Parents often find it easier to work through visitation issues when a neutral third party assists them. The mediator also keeps the parties focused on the visitation issues, and not on unrelated issues that can derail visitation discussions. The focus remains on the best interests of the children.

Is there a standard visitation schedule?

There’s a template for a standard visitation schedule that includes every other weekend and every other holiday, and perhaps one evening a week for burgers or pizza. Holidays are based on even and odd years. For example, dad has visitation on Christmas Eve on even numbered years and on Christmas Day on odd numbered years. The same formula can apply to other major holidays.

Do we have to go with the standard visitation schedule?

No, you can enter into as broad as a visitation agreement as you wish so long as it operates in the best interest of the child and the court agrees to it. The courts are generally pleased to see the parents in agreement so long as the agreement doesn’t operate against the child.

What if a child doesn’t want to stay with the schedule?

When a child is in their tender years, courts have a strong preference to see visitation schedules observed, but judges are human beings too. They realize that things come up that might be out of our control that might result in minor temporary modifications of visitation. They encourage the parties to act reasonably in accommodating each other by perhaps substituting a day or a weekend. As children get older, their interests also change. A judge might consider their wishes when they’d rather be doing other things, so long as those other things are consistent with wholesome development and socialization.

Do grandparents have visitation rights too?

No, they have no fundamental right to visitation, but the right can be conferred upon grandparents pursuant to court order. Those orders are usually issued under any one of three circumstances. First, upon the death of a parent, courts might enter a visitation order on behalf of a grandparent upon finding that it’s in the best interests of the child. Second, grandparents can join a divorce proceeding to seek visitation. They can also file a separate action. Either scenario also involves the best interests of the child. Finally, if the child’s parents are not married, grandparents can file their own petition for visitation. This is the most tenuous of the three circumstances where visitation would be ordered for grandparents.

What is supervised visitation?

There are times when the safety and welfare of a child is brought to a judge’s attention and supervised visitation is ordered. During supervised visitation, a neutral third party is present. Supervised visitation may be ordered when parent and child have been separated for long periods of time, or there’s a history of domestic violence, drug/alcohol abuse, or child abuse or neglect. Supervised visitation is only ordered in a minority of cases.

Henrik Karapetian is a Glendale divorce attorney, and is available to meet with you on any other questions you might have regarding visitation. It doesn’t cost anything to have some questions answered. You’ll be glad you called.