How are visitation rights determined?

We all know how divorces can lead to not only hurt feeling but animosities that can carry over well beyond the marriage. This may be especially damaging when there are children involved from the marriage, as parents will still need to see each other and work together to assure that child custody and parental visitation rights are properly met.

Ideally, the courts would like to see that the parents are capable of working with one another to assure that visitation rights are met. It is often best to treat this as a “professional” or “business” relationship. You both decide on reasonable and mutually agreeable times for the non-custodial parent to spend with the child or children, and the two work together to assure that these expectations are met.

There may be instances where the divorcing couple are unable to work together to come up with mutually agreeable parental visitation times. This is when the courts may step in and assign what is called a fixed visitation schedule. This generally will consist of a regular and consistent time for the non-custodial parent to meet with his or her child or children. Fixed visitations may also benefit the child or children, who can develop a weekly or monthly routine, which can be comforting and less confusing for all parties involved.

The courts goal is to generally make decisions to assure that the best interests of the children are always met. In order to see that your specific wishes are met, it may be in your best interest to enter the courts during divorce with a strong lawyer on your side. There are a lot of intricacies and decisions to be made, and having knowledgeable and experienced representation at your side may make all the difference.

Source:, “Parental Visitation Rights FAQ,” Accessed Feb. 27, 2017