Learn the Basics of Negotiating a Visitation Schedule for Your Children

Posted on: October 21, 2020

Learn the Basics of Negotiating a Visitation Schedule for Your ChildrenIf you are separating from your co-parent and must come up with a child custody schedule, there is no question that this can be a difficult process. Ideally, you will work with a family law attorney who can make sure that your rights are not violated. You can contact Law Office of Michael L. Fell at (949) 585-9055 to set up a consultation. In the meantime, read on to learn a few negotiation tactics.

Understanding Your Options

First and foremost, you need to make sure you are clear on what each of the options means. They can vary widely, but generally speaking the options are as follows:

  • According to a schedule. This type of visitation involves a detailed schedule that prevents any confusion. The dates and times that children will be with each parent are clearly laid out and generally include holidays and special occasions.
  • Reasonable. There is not generally a lot of detail in this type of visitation schedule. It is open-ended and the parents can determine together when the children will go where. This only works if both parents get along with each other and can communicate well.
  • Supervised. If there is reason to believe that the child would not be safe in the care of one parent, then a judge might require supervised visits only.
  • None. When the court does not believe that even a supervised visit is in the best interest of the child, they might issue no visitation rights at all.

The Judge Will Use the Following Factors to Determine a Schedule

If you and your co-parent cannot agree on a schedule, then the judge will do so based on what they consider to be the best interest of the child. They will consider the child’s age, health, emotional ties to both parents, the ability of either parent to care for the child, any history of domestic violence or substance abuse, and the child’s ties to either community or home the parent lives in.

If You Want a Say in the Schedule Then You Should Stay Flexible

If you want to determine the schedule between you and the child’s other parent, the best way you can avoid having the judge make a decision is to stay flexible. You might want primary custody with monthly visitation for the other parent but be realistic about what the court will likely want. They generally want to see the child spend equal amounts of time with each parent.

Of course, the best thing you can do to maximize your chances of getting the custody agreement you want is to work with an attorney who knows how to fight this fight. Call Law Office of Michael L. Fell at (949) 585-9055 to begin.