#10 Child Visitation Basics.

By Attorney Terry Ray Bankert
810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/Articles on Divorce and lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html
Do you need help now? Call 810 235-1970 !
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Date: 09/20/2006

These frequently asked questions will help you sort out your concerns about child visitation after a divorce or separation. Michigan law clearly creates a right of a child to parenting time with a parent unless it is shown at trial by clear an convincing evidence that parenting time would endanger the child physical, mental, or emotional health.

What does "reasonable visitation" mean?When a court determines the visitation rights of a noncustodial parent, it usually orders "reasonable" visitation , leaving it to the parents to work out a more precise schedule of time and place. This language is found most often in the initial temporary order. But let me point out here that it is you and your attorney that are negotiating parenting time.

Judges most often are signing what you have agreed to. Reasonable visitation allows the parents to exercise flexibility by taking into consideration both the parents' and the children's schedules. Practically speaking, however, the parent with physical custody has more control over the dates, times and duration of visits. He or she isn't legally obligated to agree to any particular schedule, but judges do take note of who is and who is not flexible.

If you are inflexible, merely to vex your ex, it can backfire when you need to ask the court for something in the future. The parents have to cooperate and communicate frequently, for the reasonable visitation approach to succeed. If you suspect right off the bat that reasonable visitation won't work, insist on a fixed schedule and save yourself time, anger, and possibly money.

If you've already agreed to reasonable visitation and it isn't working out -- for example, one parent is consistently late, skips scheduled visits or doesn't inform the other parent where he or she is planning on taking the children -- you can go back to court and ask that the arrangement be changed. When there is a dispute the elements of a custody decision also apply to the parenting time orders by the court.What is a fixed visitation schedule?Sometimes courts will set up a detailed visitation schedule, including the times and places for visitation with the noncustodial parent -- for example, every other weekend or every Tuesday and Thursday evening.

A court will be inclined to order a fixed schedule if the hostility between the parents is so severe that the need for regular contact between them may be detrimental to the child. A fixed visitation schedule can still be generous. But it just removes opportunities for one party to control the other's time and allows the children to experience predictability, in an often unsettling period.

My ex-spouse was physically abusive to me and the children. How can abuse be prevented during visits with the children?

When a noncustodial parent has a history of violent or destructive behavior, especially toward the child, the court often requires that visitation between that parent and the child be supervised. This means that an adult (other than the custodial parent) must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed on by the parents or appointed by the court. No matter how the adult is chosen, he or she should be approved by the court that ordered the supervised visitation.

If you have parenting time disputes first try to work it out between yourselves, with your pastor or the friend of the court. Returning to court should be your last resort. Remember your children are watching how you conduct yourselves in your divorce. Your actions will affect them emotionally and their future conduct in their own marriage.

The ‘ Best Interest Factor” are used to help in determining visitation.

Example of parenting time captian and order. [Michigan]

PARENTING TIME WITH THE MINOR CHILDREN

IT IS FURTHER ORDERED that the [] Plaintiff [] Defendant shall have the right to see and visit with said minor children at all reasonable times and places. In the event that the parties cannot mutually agree as to what is reasonable, they shall each be bound by the following;

1. The [] Plaintiff [] Defendant shall have the right to have the minor children on alternate weekends from 6:00 p.m. Friday evening until 6:00 p.m. Sunday evening.

2. This party shall have parenting time the weekend of : 00/00/2004

3. The [] Plaintiff [] Defendant shall have the right to have the minor children on alternate holidays, commencing from 9:00 a.m. until 9:00 p.m., said holidays being New Years, Easter, Memorial Day, Fourth of July, Labor Day, Halloween evening, and Thanksgiving.

4. The Father shall have the right to have the minor children with him every Father's Day, from 9:00 a.m. until 9:00 p.m., irrespective of whether Father's Day falls on a Sunday when the Father would not otherwise be entitled to his parenting time.

5. The [] Plaintiff [] Defendant shall have the right to have the minor children on Christmas Eve of alternate years, from 6:00 p.m. Christmas Eve until 12:00 noon Christmas Day, and the following year on Christmas Day, from 12:00 noon until 9:00 p.m.

6. The Defendant shall have the right to have the minor children on each alternate birthday of the children, commencing with the next birthday of the children from 9.00 a.m. until 9:00 p.m.

7. The Mother shall have the right to have the minor children with her on Mother's Day every year, irrespective of whether Mother's Day falls on a Sunday when the Mother would otherwise be entitled to her parenting time.

8. The Defendant shall have the right to have the minor children for 2 successive weeks each summer (or summer school vacation). In the event that the parties cannot agree, the 2 weeks shall be the first full 2 weeks in August.

9. Further, that the scheduling of the holidays as hereinabove set forth shall take the first order of precedence regarding any conflict which may arise between holidays, vacations and/or alternating weekends. Vacations shall take precedence regarding conflicts in scheduling with weekends.

IT IS FURTHER ORDERED that the Defendant shall have the right to see and visit with said minor child at all reasonable times and places.

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By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/
Articles on Divorce and lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

Do you need help now? Call 810 235-1970 !