Determining how often they will be able to see their kids is one of the highest priorities of any divorcing or separating couple with children. Many factors will be used to decide when and under what circumstances visits are arranged. Courts have recognized the complexity involved in relationships, and employ a flexible approach when determining the validity of visitation agreements. When former spouses enjoy an amicable relationship, they may be able to come to an agreement between themselves that also satisfies the court system of the state in which they reside. If they cannot agree, however, a judge may be forced to adopt a visitation agreement in the best interests of the child or children involved.
Any decision about which parent or parents
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Even if a parent is denied legal and physical custody, he or she may still be able to spend a significant amount of time with the child through visitation. If the parents get along reasonably well, they may be able to come to an agreement between themselves regarding visitation. It is important to remember that such an agreement is only legally binding if a judge adopts it as a court order. This may be done at the request of the parents. As long as the agreement was freely entered into and appears to be in the best interests of the child, most visitation agreements drafted by the parents will be adopted by the court. An agreement may be so specific that it sets out a pre-planned calendar of visitation dates and times, or it may be more general, merely stating that the noncustodial parent will enjoy ‘reasonable …show more content…
There are a variety of factors that a judge will use to determine the specifics of a visitation order. First and foremost is always the best interests of the child. In addition, the age of the child, his or her relationship with the visiting parent, how close the visiting parent lives to the child, the health of the child, and the ability of the visiting parent to care for the child will all be taken into consideration by a judge when finalizing a visitation agreement.
If one or both parents become dissatisfied with the visitation agreement, they may seek to alter it. Generally, if both parents agree to a change it will be allowed by the court. In cases where only one parent wishes for an alteration, however, additional steps may be required. The parent seeking a change will likely need to demonstrate a change in circumstances that renders the current visitation agreement untenable. If the changed circumstances result in the current agreement endangering the child or operating against his or her best interests, it is likely a change will be