VISITATION

In any divorce case involving children or in any parentage case (where the parties were never married), visitation is an issue.  “Visitation” is a term used to describe the time the non-residential parent spends with the child(ren).  Typically it is assumed that the residential parent will have the child(ren) during all times the non-residential parent does not (excluding holiday visitation).  The Court will Order a “reasonable” visitation schedule unless visitation would seriously endanger the child(ren).

In most cases, the parties will either agree to or the Court will determine a visitation schedule which will include “regular visitation” and “holiday visitation”.  Regular visitation pertains to the visitation the non-residential parent will have during the normal course of the year.  “Holiday visitation” applies to the visitation the parents will have during holidays and school breaks.

In cases involving sole custody or joint custody, many times the non-residential parent would have visitation every other weekend from Friday until Sunday.  On weeks where the non-residential parent does not have the child(ren) on the weekends, they would see the child one day that week for a few hours.  Although this is a standard visitation schedule, the visitation schedule in each case is different.  The Court and parties need to consider each party’s work schedule and other obligations.  In shared custody situations, both parents would spend relatively equal time with the minor child.

Many clients come to Greenberg & Sinkovits because the other parent will not allow them to see their children or they are severely limited in the time they are able to spend with their children.  Our attorneys are experienced in visitation issues and will ardently advocate for your rights.

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