Going through a divorce is not easy for all parties involved especially when it comes to determining visitation. It can often lead to disagreements that can delay the visitation process altogether. A helpful resource that can mediate some disagreements is called a parenting plan. The plan will contain orders about visitation, custody, and parenting time. In the case of a parenting plan, parents can agree to the terms or may need the help of a court to instate a plan. Either way, having a parenting plan will help both parties as it clearly lays out the rules for visitation and custody. Even as they are divorcing, most parents only want what is best for their children. Therefore, creating a sound parenting plan will help in case of any disagreements. Read on to learn more about the parenting plan and how it can help determine visitation and custody.
Factors to Consider When Determining Custody
As mentioned earlier, a parenting plan will consist of factors that can help determine visitation and custody. The plan will describe how to care for the children, where they will live, and when they will see each parent. The parenting plan will also describe child custody which will refer to the rights and responsibilities of the parents. There are two types of custody that a parent may receive: legal and physical custody. Legal custody refers to a parent who makes important decisions for your children (like healthcare, education, etc.). Physical custody refers to who your children will live with most of the time. These two types of custody can be shared jointly or solely. Meaning that both Barents share their rights and responsibilities (joint) or only one parent has this right and responsibility (sole).
How Visitation (Parenting Time) can be Determined
In a divorce, visitation (or parenting time) can be determined by using four types of parenting time orders:
- With a schedule
- Reasonable
- Supervised
- No visitation
The with a schedule order is a set schedule agreed upon by both parents that list the dates and times the children will be with each parent. The schedule can include holidays, special occasions, and vacations. The reasonable order allows more flexibility between parents to work out visitation. This order allows parents to work it out between them; this often works best when parents get along well. The supervised order is used whenever there are concerns about the children’s safety and well-being. Visits with the other parent will be supervised by you, another adult, or professional agency. No visitation is only used when visiting a parent, even with supervision, would be harmful to the children.
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