How much visitation time is considered "normal" or "average?"
When a couple decides to end their marriage, it is stressful to go through the divorce process, but it is more challenging when children are involved. They must determine who their primary caregiver is, how their child custody during divorce will be shared, and the schedule and visitation time.
In ideal cases, parents will agree to handle custody and visitation during divorce and make their plan by consulting with mediation out of the courtroom. But some cases are not that easy, and they are unable to come up with custody agreements. In this, the family court will get involved, and the judge seeks custody agreement benefit for the child, not what the parent desires.
Different types of custody
Depending on the divorces’ circumstances, there are different types of child custody that a parent can fight for with an attorney in Knoxville, TN.
Legal custody
In legal custody, the parent can decide about children’s lives, including schooling, religion, medical, and general upbringing. It does not mean that a parent has sole custody of a child.
Sole physical custody
In this custody, the one parent will be the primary caregiver and has the majority of time with the children.
Joint physical custody
It is custody where the caregiving responsibility and custody of children will be shared by both the parents. Time splits half-half between both.
What is visitation?
The court can give sole physical custody to one parent, and the other parent will award with visitation rights. Nearly in every state, the law pre-assumes that a child’s best interest is in having a continued and meaningful relationship with both parents. Additionally, the law also states that it is the child’s right to visit each parent.
Fixed visitation
In some cases, the judge will outline the agreement and allow the parent to work together and make their own schedule. But in some cases, parents do not agree on when they should receive time with their children. This is the time when the court will pass the judgment of a fixed visitation plan means the parents must follow a specific schedule with children at a time without any flexibility.
Supervise visitation
In a severe case, the child visitation of one of the parents is considered incompetent to care for or may be considered a threat to the children’s welfare. In such cases, the parent still has the right to visit their children, but a third party supervises the visits. The individual who supervises the visit is most often a counselor, therapist, or child service employee. These types of visits allow parents to spend time with their children without putting their well-being in danger.
Unsupervised visitation
It is the most common type of visitation in the custody order is unsupervised visitation. It means that a parent can spend time alone with a child, including overnight visits. But the court will create a specific schedule for parents and children to follow. Unlike reasonable parenting time, if the parent having child custody during divorce refuses to follow the court-ordered schedule, the noncustodial parent can request enforcement from the court.
Consideration for child custody and visitation
When the court makes decisions on custody arrangements for children, they will consider a number of factors.
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The statement of the involved parties.
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The statement of children depending on age.
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A parent serving as primary custodian to a date
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Criminal records of both the parents.
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The statement from therapist, counselor, child service individuals who all are involved.
These are common considerations but get in touch with an attorney in Knoxville so that they can assist you the best.
How does the court establish child visitation?
The easiest way for the court to establish child visitation for the parent is to agree on the type, duration of visitation between the noncustodial parent and the children. When parents disagree, the court will find what’s best for the child.
For example, In a standard child custody case, where parents cannot come up with their parenting plan, the judge will generally give primary custody to the children’s mother and grant the father the visitation rights. Most states follow the same model that the father should be allowed 20 percent of total parenting time. It can be scheduled in a variety of ways based on what will work for both.
Bottom Line:
Maintaining a consistent schedule is important for children’s well-being, mental and emotional health. It is mandatory for those who are now becoming part of a divorced family and ready to make huge changes in their life. Many of them seek assistance from a child visitation attorney in Knoxville who can help them to determine a proper schedule. These legal lawyers can help both the parents establish a fair visitation schedule for both the custodial and noncustodial parents.