Divorce is a challenging experience for everyone involved, especially children. One of the most critical aspects of navigating life after separation is establishing a clear and effective child visitation schedule. This ensures that both parents remain active and loving figures in their children’s lives. At JC Law, serving Maryland (MD), Virginia (VA), Pennsylvania (PA), and Washington D.C. (DC), we understand the complexities surrounding child visitation and strive to provide comprehensive legal support to families during this transition. Our experienced team, guided by James E. Crawford, Jr., is dedicated to helping you create a visitation plan that prioritizes your children’s well-being.
What Is Child Visitation?
Child visitation, also known as parenting time, is the schedule that outlines when each parent has the right to spend time with their child or children. The aim is to foster a continuous relationship between the child and both parents, allowing them to maintain a meaningful connection. The location of visitation can vary depending on the agreement and specific circumstances.
Why Is Child Visitation Necessary?
Visitation plays a vital role in a child’s emotional development and well-being. It allows them to:
- Maintain Bonds: Continue to build and strengthen relationships with both parents.
- Extended Family: Maintain connections with grandparents, aunts, uncles, cousins, and other relatives on both sides of the family.
- Reassurance: Know that both parents continue to love and care for them, regardless of the divorce.
- Stability: Provides a sense of stability and continuity during a time of significant change.
“Children need both parents in their lives, and visitation is the legal mechanism to ensure that happens, even after a divorce.”
How Are Child Visitation Schedules Determined?
Ideally, parents can collaborate to create a mutually agreeable visitation schedule as part of their marital settlement agreement. This allows for a customized plan that considers the family’s specific needs and circumstances. However, if parents cannot reach an agreement, a judge will make the decisions, prioritizing the child’s best interests.
The court will consider various factors when determining a visitation schedule, including:
- The child’s wishes (depending on age and maturity).
- Each parent’s ability to provide a stable and nurturing environment.
- The child’s relationship with each parent.
- The distance between the parents’ residences.
- Each parent’s work schedule and availability.
Supervised Visitation: When Is It Necessary?
In certain situations, supervised visitation may be required. This involves a parent and child meeting at a neutral location, with a trained supervisor present. The supervisor’s role is to ensure a safe and appropriate interaction between the parent and child.
Supervised visitation may be recommended in cases where:
- There are concerns about the parent’s behavior or safety.
- A parent has a history of domestic violence, substance abuse, or neglect.
- There have been allegations of inappropriate sexual contact with the child.
- The parent is working on improving their parenting skills.
Monitored exchanges are another form of supervised contact, where a neutral third party facilitates the transfer of the child between parents, eliminating direct contact between the adults.
Filing for Visitation: Your Rights as a Parent
If there’s no existing provision for child visitation in your marital settlement agreement, you can file for visitation rights. The court will carefully evaluate each request, ensuring the child’s best interests are paramount. In Maryland, Form CC-DR-5 is used to file for visitation rights.
Who Can Be Granted Visitation?
Typically, biological parents are granted visitation rights. However, in specific instances, grandparents may also be granted visitation, particularly when one or both parents are incarcerated, struggling with addiction, or otherwise unable to care for their children. While sibling visitation isn’t common, the court could consider it if it’s in the child’s best interest.
Equal Time: Is it Always the Goal?
While the ideal scenario often involves equal time with both parents, the court’s primary concern is the child’s welfare. Schedules are often arranged to ensure both parents have ample opportunity for meaningful interaction. This includes considerations for school breaks, vacations, and holidays. Courts generally avoid arrangements where one parent spends significantly more time with the child unless it demonstrably benefits the child.
Addressing Missed Visitation Appointments
If a non-custodial parent misses a visitation appointment, they should immediately contact the other parent and their lawyer, or the court. Explaining the circumstances (e.g., unforeseen overtime, inclement weather) is crucial.
Rescheduling Visitation: Flexibility and Communication
Life happens. Parents can petition the court to revise the visitation schedule due to medical issues, family emergencies, job loss, or other significant reasons. Open communication and a willingness to compromise are key to ensuring both parents have equitable time with their child.
Can a Custodial Parent Refuse Visitation?
Custodial parents cannot typically refuse visitation, even if the non-custodial parent is behind on child support payments or has missed previous appointments. Doing so can lead to contempt of court charges. The proper course of action is to address these issues through the legal system. The parent who was refused child visitation may file a motion to modify the current order or file an action for contempt.
When Can Visitation Be Denied?
Visitation can be denied if it poses a risk to the child’s safety. For instance, if a parent has been convicted of murdering the other parent, visitation rights may be terminated.
Consequences of Missing a Visitation Session
The court can take several actions if a required visitation session is missed, including rescheduling the session, modifying the visitation order, or levying fines against the person who violated the agreement.
Duration of Visitation: Until Adulthood
Child visitation typically continues until the child reaches the age of 18, the age of legal adulthood in states like Maryland. Visitation may also end if the child refuses it or if both parents remarry, however the court order stays in place unless a Petition to Change the order is filed.
A Child’s Right to Refuse Visitation
Once a child reaches a certain age (often around 16), they may have the right to refuse visitation. They usually must inform the court of their decision.
JC Law: Your Partner in Navigating Child Visitation
Child visitation can be a complex and emotionally charged issue. It requires careful planning, open communication, and a commitment to prioritizing the child’s well-being.
| Aspect of Visitation | Considerations |
|---|---|
| Schedule | Regularity, consistency, flexibility to accommodate unforeseen circumstances |
| Communication | Open and respectful dialogue between parents regarding the child’s needs and well-being during visitation |
| Legal Compliance | Adherence to court orders and legal agreements, seeking legal counsel for modifications or disputes |
| Child’s Well-Being | Prioritizing the child’s emotional and physical health during and after visitation, addressing any concerns or anxieties the child may have |
At JC Law, with offices serving Maryland, Virginia, Pennsylvania, and Washington, D.C., James E. Crawford, Jr., and our dedicated team are here to guide you through every step of the process. We offer free consultations to discuss your concerns and provide expert legal advice. We will advocate for your rights and help you create a visitation plan that fosters a healthy and loving relationship between your child and both parents.
Divorce is disruptive, but with the right legal support, establishing a solid child visitation schedule and reassuring your children of your unwavering love can make this difficult transition more bearable. Contact JC Law today to schedule your free consultation.
