How does the court determine visitation terms? 55 Answers as of May 29, 2013

I want to limit my child's interaction with her father because he is not a good example. Can I request for specifici visitation terms?

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John Russo | John Russo
I hear this type of stuff all the time, if your claim is true and with Evdence not Allegations you can show the court that he is unfit, ( I don't know what good example means ) then you can most likely limit visitation time. All children have two parents and the courts job is to foster that, unless one is UNFIT.
Answer Applies to: Rhode Island
Replied: 8/13/2012
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Fathers do get visitation rights. It all depends on the situation. The court likes to have the parents come up with a visitation schedule.
Answer Applies to: California
Replied: 7/30/2012
Salladay Law Office | Lance Salladay
You can ask for specific visitation terms and explain why you think those terms are in the best interests of the child- it is the best interests of the child that ultimately determine what the court grants for visitation.
Answer Applies to: Idaho
Replied: 7/27/2012
Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
One can petition the Family Court to determine visitation rights, but a stronger case would be determined by the use of "qualified experts", such as teachers, psychologist, etc.
Answer Applies to: Rhode Island
Replied: 7/27/2012
NOLAN LAW LLC | Joshua J. Nolan
The parties can generally agree to terms of visitation. If the parties are unable to reach an agreement, the Court will determine visitation based upon the best interests of the child. If your husband is a danger to the children, and you have evidence to demonstrate your claim, the Court may order supervised visitation for some period of time or fashion some other remedy to address your specific situation.
Answer Applies to: Ohio
Replied: 7/26/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    You will have to prove something more than just "not a good example" to restrict your child's father's visitation rights. If unsupervised visits are detrimental to the child, such as abuse or neglect, then the judge can make a determination that the visitations should be supervised.
    Answer Applies to: Mississippi
    Replied: 7/26/2012
    Law Offices of Maryanne Spryszak-Hanna PC | Maryanne Spryszak-Hanna
    Most court will grant specific parenting time. However, unless you can demonstrate that he is a danger to your child, you're probably not going to have much luck in severely limiting his parenting time. The Courts believethat the child has the right to the love, care and support of both parents.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Law Office of Melvin Franke | Melvin Franke
    Yes, the best interest of the child is the test.
    Answer Applies to: Missouri
    Replied: 7/26/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    You can request that the other parties' parenting time be restricted, or even supervised, but the Court will not order that without very good reasons. The public policy of Missouri is that both parents are entitled to frequent and meaningful contact with their children. Absent evidence of abuse or neglect towards the children, or substance abuse issues that would endanger the children's welfare, it will be difficult to convince the court to restrict the parenting time of either parent.
    Answer Applies to: Missouri
    Replied: 7/26/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    You may request any visitation that you deem appropriate. The court will allow him frequent and regular visits unless you can demonstrate that such visits are harmful to the child.
    Answer Applies to: Arizona
    Replied: 7/26/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    Many of the courts in Michigan have published parenting time schedules that they will usually follow when you file for divorce. If there are good reasons for not following the established parenting time schedule the court can enter a parenting time order based upon what is best for the child. One of the ways to accomplish this is to indicate in your filing with the court that parenting time is not agreed to and the judge will usually refer this issue to the referee or staff person that handles disputed parenting time issues for the court.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A court determines custody and parenting time based on what it deems to be in the best interests of the child. If the other parent is not a danger to the child and does not neglect the child, parenting time is unlikely to be limited.
    Answer Applies to: Minnesota
    Replied: 7/26/2012
    Patterson Johnson-Stovall & Crenshaw PLLC | Joyce Johnson-Stovall
    Unless your spouse has drug, alcohol or other issues requiring supervision, you cannot control the conduct of your child's father based upon your belief that he does not set a good example. When couples divorce it is because they have lost the ability to compromise, communicate and collaborate as a family unit. That wont change when you get a divorce. Your child's father may be equally concerned about your ability to manage and supervise the children. The court will not chose sides in resolving the issues, it will do what is in the best interest of the children. If you cannot work it out by yourselves, the court may appoint a parenting coordinator to make decisions in the child's best interest.
    Answer Applies to: Arizona
    Replied: 7/25/2012
    Law Office of George M. Derieg
    Law Office of George M. Derieg | George Derieg
    When a divorce proceeding starts in California, you are mandated to go to a mediator if children are involved. It is during this mediation that you can express the reasons why your husband is a bad example. During the divorce process however you will most likely schedule a hearing regarding visitation. What usually happens is something called a Judicial Custody Conference (JCC) is scheduled. It is there the judge has what ever mediator reports about your case, and you and your spouse to discuss visitation. It is very informal but at the end the judge works out a plan for you and your spouse for custody. Just being a bad example really isn't good enough to limit visitaion unless you can show that your spouse's actions, habits are a direct danger to the children e.g. alcoholism, drug addiction, other addictions, reckless behavior, violent etc... Contact a local family attorney for guidance.
    Answer Applies to: California
    Replied: 7/25/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    Child custody depends on many factors, but you do have the right to ask for specific terms.
    Answer Applies to: Utah
    Replied: 7/25/2012
    Peyton and Associates | Barbara Peyton
    The goal of the law is to encourage ongoing, regular and consistent contact between parents and children. You will need fairly extreme evidence to show that your husband is a "bad example" for your child. Be sure you consider this issue from the standpoint of the best interests of the child.
    Answer Applies to: California
    Replied: 7/25/2012
    Nwokoye Law Firm
    Nwokoye Law Firm | Violet Nwokoye
    It will definitely take more than your feelings that the father is a bad example to get a judge to modify a visitation schedule. You will have to be specific and the factors has to be one that will hurt the child's well being. In other words it is all based on child best interest.
    Answer Applies to: Texas
    Replied: 7/25/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    YOU can but it is doubtful they will be granted unless you can prove the need for the restriction. Your opinion, without any other evidence, will be insufficient to obtain what you are seeking. it is the nature of divorce for opposing parties to attempt to discredit the other, that 's why courts pay very little attention to the he said/she said colloquium.
    Answer Applies to: Washington
    Replied: 7/25/2012
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    You will have to show that it is not in the child's best interest to have less frequent contact with her father. In order to completely cut off his parenting time you'd have to demonstrate that he is actually a danger to her health or welfare.
    Answer Applies to: Kansas
    Replied: 7/24/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Yes, but be prepared to prove your accusations. Just saying it won't fly in most courts.
    Answer Applies to: Alabama
    Replied: 7/25/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Each side may request specific terms for visitation, however, the court will decide based on the child's best interest.
    Answer Applies to: Georgia
    Replied: 7/25/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can request specific visitation terms. What the judge will actually grant would depend on the particular facts of your situation.
    Answer Applies to: Georgia
    Replied: 7/25/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The court will decide based on what is best for the child, in the judge's opinion. Depending on what you mean by "not a good example", parenting time (what Colo now calls visitation), will not be based on deciding whether a father meets your standard of what is "good". You can propose a specific parenting time schedule based on what you believe is best for the child, but if the father disagrees the judge will have to decide.
    Answer Applies to: Colorado
    Replied: 7/25/2012
    Varadi, Hair & Checki, LLC
    Varadi, Hair & Checki, LLC | Galen M. Hair
    In many states, including Louisiana, the Court determines visitation based on the "best interest of the child" for these types of situations. This includes a host of factors and any attorney practicing family law will be able to advise you on these factors and how they compare to your case.
    Answer Applies to: Louisiana
    Replied: 7/25/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Visitation, or timesharing as it is properly called, is determined based on the best interest of the child and varies on a case by case basis. Unless he poses some sort of harm or danger to the child, it is likely he will have substantial contact, including overnights, with his children.
    Answer Applies to: Florida
    Replied: 7/25/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    You can ask for whatever you want. However, your opinion of "bad example" is subject to interpretation. The Court assumes standard visitation is in the child's best interest. If you want Dad to have less, it is your burden to prove your request is appropriate.
    Answer Applies to: Texas
    Replied: 7/25/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can ask for specific terms for visitation but the court will have to determine what is in the child's best interest.
    Answer Applies to: California
    Replied: 7/25/2012
    Lombardi Law LLC
    Lombardi Law LLC | SUZANNE LOMBARDI
    You can ask for specific visitation terms but you must remember that the courts look at what is in the best interests of the child. The court starts with a 50/50 split and then hears testimony on why the father is not appropriate for the child. An attorney can help you argue the specifics so that you can make your case.
    Answer Applies to: Alaska
    Replied: 7/25/2012
    Steven Alpers | Steven Alpers
    The court gets recommendations from mediators. You must present them with your side of the case, your ex will present his side and then the mediator will come up with a proposed agreement. The judge will review that agreement and make an order as to what is in the best interests of your children. There can be further proceedings but that will probably be the basis of the first temporary order.
    Answer Applies to: California
    Replied: 7/25/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can request a specific schedule and terms, although the court isn't bound to follow what you want. Its first goal is to establish an order which it believes is in the best interests of the child.
    Answer Applies to: California
    Replied: 7/25/2012
    Law Offices of Frances Headley | Frances Headley
    The court looks to promote close,continual contact between the children and both of their parents. You will need to have clear reasons and proof why the court should grant your request to limit the contact between the child and his father.
    Answer Applies to: California
    Replied: 7/25/2012
    Law Office of Joan M. Canavan | Joan Canavan
    Yes, you can request certain visitation terms. You will have to establish to the Court why you are seeking limitations and then the Court will have to determine if it is in the best interests of the child/ren as to what the terms of visitation with their father will be.
    Answer Applies to: Massachusetts
    Replied: 7/24/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    You can request whatever you want. But court will make orders on what is in the best interest of the child.
    Answer Applies to: California
    Replied: 7/24/2012
    Attorney At Law | Harry D. Roth
    You can request specific visitation terms. You must present the court with the specific facts (not conclusion, but tell the actual stories of what happened or did not happen) to convince the court that your specific plan should be adopted. Be specific about what you want. If you want supervision, tell the court why and what the mechanics of supervision might be. There are no rules here, but in a general sense, the limitations should reflect what has actually happened or what was actually said and not be overkill and the provisions should maximize the amount and quality of contact that is consistent with the child's health and well-being.
    Answer Applies to: California
    Replied: 7/24/2012
    Mike Yeksavich | Mike Yeksavich
    The Court makes the determination is the best interests of the child. You can request specific visitation programs from the Court and the Court will have to decide.
    Answer Applies to: Oklahoma
    Replied: 7/24/2012
    Law Office of Gregory Crain | Gregory Crain
    You must present evidence that visitation is not in the child's best interest.
    Answer Applies to: Arkansas
    Replied: 7/24/2012
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    You can request whatever you want. Whether the court grants your request is another matter. By not being "a good example" do you mean he drinks and smokes and does drugs in front of her? Or do you mean he doesn't do things exactly the way you think they should be done? That's what the court will want to know.
    Answer Applies to: California
    Replied: 7/24/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    Yes you can. The timesharing schedule will be a function of a lot of criteria. Basically, the judge will determine what is in your child's best interest. Limiting contact with a child is difficult to do, but it is very appropriate in some cases. It depends upon the specific facts of your situation.
    Answer Applies to: Florida
    Replied: 7/24/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Your spouse is entitled to visitation unless you prove it is not in the best interest of the child, standard visitation is every other weekend, every other holiday, the parent's birthday, and two to three weeks during the summer.
    Answer Applies to: Michigan
    Replied: 7/24/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes, you can, and the Judge will listen to the reasons you give, and then the Judge will decide what is best for the child.
    Answer Applies to: New Jersey
    Replied: 7/24/2012
    Pietryga Law Office | Russ Pietryga
    Usually a visitation is determined as the parties agree. However, in Utah, if the parties do not agree, the minimum visitation schedule will be used.
    Answer Applies to: Utah
    Replied: 7/24/2012
    Victor Varga | Victor Varga
    Yes, you can request a specific visitation schedule from the court (including supervised visitation). The court determines a schedule based upon what is in the best interest of the child.
    Answer Applies to: Maryland
    Replied: 7/24/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    Limiting a parent's possessor rights is difficult absent family violence. Even then, the goal is an eventual return to normalcy. In Texas, the Standard Possession Order, contained in our Family Code, is the presumptive minimum possession that is in the best interest of the child. It is up to the party opposing this to prove this is not in the child's best interest, as presumed. It is easier to deal with bad behavior through injunctions against drinking or taking drugs during periods of possession, or having girlfriends spend the night, than it is to limit possession.
    Answer Applies to: Texas
    Replied: 7/24/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    The visitation is determined according to what is in the child's best interest. You can request what you desire the terms to be and the Judge and/or GAL will be the determining factors.
    Answer Applies to: Missouri
    Replied: 7/24/2012
    Law Office of Ronee Korbin Steiner PC | Ronee Korbin Steiner
    Parenting time is determined by the parties, or if they cannot agree, by the court after hearing. You can request specific terms. You just may not get it unless you can prove why that is in the best interest of the children.
    Answer Applies to: Arizona
    Replied: 7/24/2012
    Bruce Plesser | Bruce Plesser
    Through the best interest of child.
    Answer Applies to: Florida
    Replied: 7/24/2012
    The Law Office of Nathaniel M. Smith, LLC
    The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith
    You can ask a judge for anything under the sun; having that granted is something else. You should speak with a lawyer about your expectations and desires.
    Answer Applies to: Georgia
    Replied: 7/24/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you want to have the maximum input as to the parenting time issue you must engage an attorney. Generally, the court's position is that any parent is better no parent unless it is true that the parent is actually all the minor child.
    Answer Applies to: Michigan
    Replied: 7/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Look at Florida Statutes Section 61.13(3) which is available online. These are the factors that the court considers in determining visitation and time-sharing when the parties cannot agree. It is very important to be open to visitation by the other parent, not closed. Limiting a child's interaction because the father is not a good example is not the way to say it. Your case will most likely be settled upon terms that you agree to. Hire an attorney.
    Answer Applies to: Florida
    Replied: 7/24/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Under Washington state law, issues of custody and visitation (as well as other issues like decision making, extracurricular activities, school choice, etc.) are set forth in a specialized court order called a Parenting Plan. If you cannot reach agreement with the father on the terms of a Parenting Plan, then you will and the father will each have to address your concerns to the court and have the Judge determine the terms.
    Answer Applies to: Washington
    Replied: 7/24/2012
    Alvin Lundgren | Alvin Lundgren
    The court will consider your facts and arguments regarding visitation at a custody hearing.
    Answer Applies to: Utah
    Replied: 7/24/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Provided that there is an existing case involving the minor child and parenting time, either party, at any time, can request an order setting forth specific parenting time. There are statutory factors that the court must consider when determining parenting time for the non-custodial parent. If the parties are not in agreement, the court must conduct a hearing to determine parenting time based upon these factors. If there is no existing case, or order, then one would have to initiate a case to obtain an order for specific parenting time.
    Answer Applies to: Michigan
    Replied: 7/24/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Yes.
    Answer Applies to: Iowa
    Replied: 5/29/2013
    Goddard Wetherall Wonder, PSC
    Goddard Wetherall Wonder, PSC | Brook Goddard
    The Court considers a whole host of factors when determining parenting arrangements, including: (i) The relative strength, nature, and stability of the child's relationship with each parent; (ii) The agreements of the parties, provided they were entered into knowingly and voluntarily; (iii) Each parent's past and potential for future performance of parenting functions as defined in RCW 26.09.004(3), including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child; (iv) The emotional needs and developmental level of the child; (v) The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities; (vi) The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and (vii) Each parent's employment schedule, and shall make accommodations consistent with those schedules. The Court will look at the totality of your family's circumstances, and look out for the best interest of your child. If you are able to present evidence of the father's parenting problems, in support of your specific visitation terms, the Court may approve of your proposed parenting plan.
    Answer Applies to: Washington
    Replied: 7/24/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    The makes a decision based upon what is in the best interests of the child. You should consult with and retain an attorney to represent you through what is undoubtedly the most important part of your life.
    Answer Applies to: Pennsylvania
    Replied: 7/24/2012
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