When you are involved in a child custody case, the availability of visitation is one of the primary concerns. Understanding some of the answers to common questions about visitation can help you understand how the process will go. Here are a few questions to consider:
-- What is reasonable visitation? In other words, it is generally left up to the two parents to decide what an acceptable plan of visitation is. If the parents can agree, it is a better choice than allowing a judge who does not know you or your children to make a decision.
Reasonable visitation will require that both parents talk to each other and stay rational and sane. If you don't believe that your ex-spouse is able to remain calm or is not being flexible in order to cause difficulties, then this can be taken into consideration by the judge.
Parental visitation can be a fixed visitation schedule, too. This is often a better choice when there is still some conflict between the parties. This also gives children a bit more stability during this traumatic time in their lives.
If there were accusations of physical abuse against the custodial parent and the children, the other parent may still be award visitation rights. However, this is generally supervised visitation, which is when another adult is present -- other than the custodial parent.
There are many other questions that you might have when it comes to visitation. The best source of information would be your family law attorney, who can provide his or her advice and guidance on this difficult and often emotional topic.
Source: FindLaw, "Parental visitation rights FAQ," accessed June 24, 2016