By Jade Yeban, J.D. | Legally reviewed by Aviana Cooper, Esq. | Last reviewed May 29, 2023
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You'll want to devise a visitation schedule if you are going through a divorce or separation. Many jurisdictions have pre-established visitation schedules. If the parents can't agree, this visitation schedule will be used by most courts.
Courts generally prefer visitation orders that the parents have agreed to. Courts prefer this because there are fewer enforcement issues when the parents have agreed.
Below, you will find a sample visitation schedule agreement.
If you are attempting to devise a plan for parental visitation time, below, you will find a sample form to establish a visitation agreement.
_________________[Name], hereinafter referred to as "Parent 1," and _________________[Name], hereinafter referred to as "Parent 2," hereby agree to the following: _________[Parent 1 or Parent 2] shall have the care, custody, and control of _________[Name], born _________[date], now _________ years of age, the minor child of the parties. _________[Parent 1 or Parent 2] shall have the right of visitation with the child as follows: SECTION ONE. WEEKENDS _________[Parent 1 or Parent 2] shall have visitation on alternate weekends, commencing _________[date]. Weekend visitation shall begin at _________[time] on _________[Friday] and end at _________[time] on _________[Sunday]. If any weekend provided for in this section includes any day or falls during any weekend or other time period provided for in Sections Two through Four or Section Six below, the visitation provisions of that section shall govern. SECTION TWO. HOLIDAY WEEKENDS A "holiday weekend" is a weekend in which the immediately preceding Friday or following Monday is an official holiday observed by the school attended by the child, such as (but not limited to) Martin Luther King Jr. Day, Presidents' Day, Memorial Day, the Fourth of July, Labor Day, Columbus Day and Veterans' Day. _________[Parent 1 or Parent 2] shall have visitation on the _________[specify] holiday weekends in _________[even-numbered years], and on all other holiday weekends in _________[odd-numbered years]. If the designated holiday is a _________[Friday], the holiday weekend shall begin at _________[time] on _________[Thursday] and terminate at _________[time] on _________[Sunday]. If the designated holiday is a _________[Monday], the holiday weekend shall begin at _________[time] on _________[Friday] and end at _________[time] on _________[Monday]. SECTION THREE. EVEN-NUMBERED YEARS In even-numbered years, _________[Parent 1 or Parent 2] shall have visitation on the child's birthday and during _________[Thanksgiving and New Year's]. For this purpose, the child's birthday shall begin at _________[time] the day preceding the child's actual birthday and end at _________[time] on the child's actual birthday; _________["Thanksgiving" shall begin at _________(time) on the Wednesday before Thanksgiving Day and end at _________(time) on the following Sunday]; and _________["New Year's" shall begin at _________(time) on December 28 and end at _________(time) on the day before the first day of school following the child's Christmas-New Year's or winter school recess]. If the child's birthday in an even-numbered year falls on a weekend on which _________[Parent 1 or Parent 2] would have visitation under Sections One or Two above, visitation shall be governed by either of those sections. SECTION FOUR. ODD-NUMBERED YEARS In odd-numbered years, _________[Parent 1 or Parent 2] shall have visitation during _________[Easter and Christmas]. For this purpose, _________["Easter" shall begin at _________(time) on the last day of school preceding the child's Easter or spring school recess and end at _________(time) on the day before the first day of school following that recess], and _________["Christmas" shall begin at _________(time) on the last day of school preceding the child's Christmas-New Year's or winter school recess and end _________(time) on December 28]. SECTION FIVE. _________[FATHER'S or MOTHER'S] DAY Each year, if _________[Parent 1 or Parent 2] would not have visitation on _________[Father or Mother] 's Day under any other section of this visitation schedule, _________[Parent 1 or Parent 2] shall have visitation beginning at _________[time] on the day preceding _________[Father or Mother] 's Day and ending at _________[time] on _________[Father or Mother] 's Day. SECTION SIX. SCHOOL VACATIONS Each year, _________[Parent 1 or Parent 2] shall have visitation during the child's school summer vacation for a period of _________ weeks. On or before _________[April 1] of each year, the parties shall agree on the inclusive dates for that year of the visitation provided for in this section or shall, on properly noticed motion, obtain a court order specifying those dates. In any year in which the parties have neither so agreed nor so obtained a court order, the visitation provided for in this section shall begin at _________[time] on _________[date, for example, the last Friday in July] and end at _________[time] on _________[date, for example, the fourth Sunday afterward]. SECTION SEVEN. PICK-UP OF CHILD At the time specified in this agreement for the beginning of each period of visitation, _________[Parent 1 or Parent 2] shall pick up the child at _________[Parent 1 or Parent 2] 's residence. At the time specified as the end of each period of visitation, _________[Parent 1 or Parent 2] shall pick up the child at _________[Parent 1 or Parent 2] 's residence. On _________ hours' prior notice to the other, either parent may designate another person to pick up the child on a specific occasion. SECTION EIGHT. ILLNESS OF CHILD If the child is too ill for visitation, the then-custodial parent shall so notify the then-noncustodial parent at least _________ hours in advance. On-demand of the then-noncustodial parent within _________ hours after such notification, the then-custodial parent shall, within _________ days of the demand, provide the then-noncustodial parent with written verification of the illness by a licensed medical practitioner. Days of visitation missed due to the illness of the child shall be made up by visitation for an equal number of days. The days on which visitation is to be made up shall be specified by the then noncustodial parent, but unless the then noncustodial parent consents, the days so specified may not conflict with the provisions respecting visitation on _________[holiday weekends, Easter, Thanksgiving, Christmas or New Year's]. SECTION NINE. ILLNESS OF _________[Parent 1 or Parent 2] If the then noncustodial parent is too ill for visitation, the then noncustodial parent shall so notify the then-custodial parent no later than _________ hours before the time for visitation to begin as specified above. A specific period of visitation is waived if the then noncustodial parent, or the person designated by the then noncustodial parent in accordance with Section Seven, fails to appear to pick up the child within _________ minutes after the time specified for the beginning of that period of visitation. Days of visitation missed because of the then noncustodial parent's illness or failure to appear may not be made up. SECTION TEN. CHILD'S CLOTHING The then-custodial parent shall provide suitable clothing for each period of visitation. This clothing shall be returned by the then noncustodial parent at the end of each period of visitation. This provision does not prohibit the then-noncustodial parent from furnishing clothing for the child and keeping that clothing in the then-custodial parent's possession between periods of visitation. SECTION ELEVEN. TELEPHONE COMMUNICATIONS WITH THE CHILD _________[Parent 1 or Parent 2] shall be permitted to contact the child by telephone _________ times per _________[week] when the child is with _________[Parent 1 or Parent 2]. _________[Parent 1 or Parent 2] shall be permitted to contact the child by telephone _________[once every two days when the child is with _________(Parent 1 or Parent 2) for more than three days]. All telephone contact must occur between _________[time] and _________[time]. Parent 1 should call Parent 2 at this phone number:__________. Parent 2 should contact Parent 1 at this phone number: __________. "Contact" means actual conversation with the child for at least _________ minutes and no more than _________ minutes. Except for the purpose of answering the telephone, neither parent may listen to or otherwise participate in any such contact between the child and the other party without the express consent of the child and the other party. |
Knowing how child custody decisions are made during a custody case is helpful. All custody orders must be in the best interests of the child. The court will consider the parenting plan agreed upon by both parents. If parents can't agree, the court will step in to make decisions in the custody case.
The family court will consider several factors to make this important legal decision. It might consider the child's wishes (if the child is old enough) and the ability of each parent to provide care to the child (including health care). The court will consider any evidence of past domestic violence or child abuse. The court prioritizes placing the child in a safe environment that is good for the well-being of the child. The court is the ultimate decision-making authority in these situations.
The court prefers to give joint custody of the child to both parents. These are custody arrangements where the co-parents share both joint legal custody and joint physical custody. But, if the court finds that one parent is "unfit" to care for the child, the other parent may get primary sole physical custody.
The noncustodial parent still retains visitation rights. While they may not be entitled to overnights, they might still have a consistent parenting time schedule with the child. The court might also order them to pay child support through a child support order. Sometimes, the court may issue a temporary order for child custody. This could be for a special holiday schedule.
You should have a legal expert on your side through your child custody case. While many courts offer self-help options, an attorney can help you navigate the difficult child custody process. A family law attorney can counsel you about your state laws and give you helpful legal advice.
Attorneys can tell you about your parental rights. They can help you form a visitation schedule. They can also negotiate with your ex's attorney and fill in any court forms with you. Attorneys will even represent you in family court.
Talk to a skilled child custody attorney today.
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