Parenting Time or Visitation

A parent who does not receive custody normally is entitled to parenting time or visitation with the child. The amount of visitation will vary with the desires of the parents and the inclinations of the judge. A common amount of parenting time or visitation, however, is: every other weekend (Friday evening through Sunday); a week night (for dinner); half of the child’s winter and spring breaks, alternate major holidays; Fathers’ Day or Mothers’ Day, as applicable; and two to six weeks in the summer.

If parents live far apart and regular weekend visitation is not feasible, it is common to allocate more summer vacation and school holidays to the noncustodial parent.

For parents who do not like the term “visitation” or “custody,” it is possible to draft a custody and visitation order that leaves out those terms and just describes the times at which the child will be with each parent. In addition the term “parenting time” has become more common since the mid-1990s.

A court can deny or restrict visitation if the court believes the child might be placed in danger by the visitation. For example, if the noncustodial parent has molested the child, is likely to kidnap the child, or is likely to use illegal drugs or excessive amounts of alcohol while caring for the child, a court will probably deny visitation or restrict visitation. If visitation is restricted, it might be allowed only under supervision, such as at a social service agency or in the company of a responsible relative.