Reasonable and Fixed Parental Visitation RightsSaturday, February 11th, 2017, 11:12 pm
Determining custody can be one of the most challenging parts of getting a divorce, especially in a high-volume area like Queens. When you’re ending a marriage, you also need to determine who will be in control of the children and what kind of visitation rights each parent will get. While many couples will choose to divide the time spent with the children, there are actually different kinds of parental visitation that can be given to the non-custodial parent.
It is important to understand the different kinds of parental visitation and what they can mean for you, your ex-spouse, and your children.
Reasonable Visitation vs. Fixed Visitation: What is the Difference?
The two main kinds of parental visitation you may be presented with are reasonable visitation and fixed visitation. While they both grant the non-custodial parent time with their children, they are quite different in determining the exact schedule.
If you are granted reasonable visitation, this means that you and your ex-spouse will need to determine a proper schedule for dividing the children’s time. While the custodial parent does have the ultimate say in who the children spend their time with, this option is preferred in relationships where the two parties can still get along.
Reasonable visitation will allow you and your ex-spouse to exchange time with the children without the court needing to get involved. This can be beneficial for all parties because you are able to work around your own schedules or the schedules of the children to support everyone’s best interests.
While the court does not immediately get involved in determining a visitation schedule, they can step in if the custodial parent is acting malicious or unreasonable.
A fixed visitation schedule is created by the court and can be extremely rigid. A fixed visitation schedule is often recommended if the two parties are unwilling to communicate with one another or if the judge believes a clear schedule would be best for the children.
Under a fixed visitation schedule, the non-custodial parent would have clear days or times that they are able to spend time with their children. Unlike reasonable visitation, if that parent is unable to make time, they will need to wait until their next scheduled meeting.
If you have additional questions about parental visitation or divorce in general, contact the FK Law Group, PC in Queens at (800) 631-1757.