What are Visitation Schedules?
Experienced Rochester Divorce and Child Custody Attorney Explains Visitation Schedules in New York
If you have children and are going through a divorce, there is no doubt that this change will be stressful for your child. Ultimately, the court has the final say about who has legal or physical custody over the child. This is based upon what’s in the child’s best interest, as well as parental, family, and friends’ testimonials. In some cases, one person will be granted sole custody, but in certain cases, custody rights will be granted to both parents. If granted sole custody, no visitation rights are granted. If custody is determined by the courts to be split, a visitation schedule can be determined. Essentially, a visitation schedule is a court-ordered document that details how the physical custody of your child or children will be shared throughout a divorce. If a couple wishes to avoid family court, they can hire lawyers to efficiently mediate a document for shared custody. Regardless, when you’re going through a divorce and you have children, you must consider visitation schedules.
Creating Child Custody Schedules
The process of creating a child custody schedule only occurs after either you and your ex-spouse have hired lawyers to create an official document or after the court system has granted you and your ex-spouse joint custody.
When you have joint custody, both parents have both physical and legal custody of the child.
These forms of custody are not identical. Physical custody relates to who the child will live with after the divorce is finalized, and legal custody relates to who is in charge of important decisions for that child. Again, with joint custody, both parents have both forms of custody. There are multiple ways to create a custody schedule.
The first option is coming to a mutual agreement with your ex-spouse. This schedule must be approved by the family court in order for it to become validated. If the parents cannot mutually agree on a schedule, the courts will arrange a strict schedule for custody.
Benefits of Child Visitation Schedules
There are plenty of benefits related to child visitation schedules after a divorce occurs. Beginning with the child, though they may be emotionally tolling on the child at first, it allows them to see both of their parents and develop a relationship with each of them.
A sense of stability tends to grow from this as well, as does the ability for as seamless of an adjustment to this new lifestyle as possible. This way, at both their parents’ houses, they can feel comfortable.
Child visitation schedules are also beneficial for the parents. Because both parents are legally allowed to see and spend time with their children, this can ease tension and emotional stress in their lives.
Additionally, having a scheduled time will help create a sense of stability in their own lives after divorce.
What Child Visitation Schedules Involve
Typically, when going through the court system, a child visitation schedule will often name a single parent as the primary caretaker.
A second parent will be granted visitation rights.
This means that the person with visitation rights is entitled to see their child every other weekend, occasional weekdays, and specific holidays.
Hire an Experienced Rochester Family Lawyer
If you’re going through a divorce and children are involved, it’s important to consider the child’s needs and what is in the best interests of the children. If you’re having difficulty being neutral with your child’s other parent, consider hiring an experienced Rochester divorce attorney to lend you some support.
Your lawyer would be able to create a neutral schedule if courts are being avoided or help and advise you through the court process.
For a skilled and experienced lawyer, The Cimino Law Firm is here to help. We offer a complimentary consultation to new clients, so contact us today to schedule an appointment and discuss your needs for visitation schedules!
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