How Does a Court Determine Visitation Schedule?
Hello, my name is Brian L. Jackson. I’m a Tulsa father’s rights attorney here with Dads.Law, where fathers are not disposable. And I am here today to talk about how does a court figure out what the visitation schedule should look like? This is a question I get from time to time, and a lot of people are like, well, how many overnights can I get, and not fully understanding how the court actually figures that out.
So the short answer is like this. Ultimately, it’s a best interest analysis, but to some extent, the factors that are going to come into play in how the court figures out what best interests are, are going to be, first of all, is what does your work schedule look like? How far apart do you live? Where does the kid go to school? Can both parents get the kid to school or not?
With younger children, typically, you’re talking about a shorter transition between parents, if it’s going to be like a split time arrangement. For older children, the time arrangement may be affected by the child’s preference. If the child has reached age 12 or higher, then their opinion might factor in. And if they say they want to spend more time with one parent than the other, the court can and will consider that in most cases.
Factors Influencing Visitation Schedules
Other factors, if you have a job that takes you out of the area for a while, that could affect your schedule. If you have a person living in the household who’s considered unsuitable, that might affect your schedule. And obviously, if you’re determined to be someone who is not a suitable placement, that could also affect the time you get and when you get and under what terms. So those are all things that can impact how your schedule looks. And to some extent, different judges have different preferences.
Some judges with older kids would like to just do a straight week on and week off. I tend to be a fan of that with older children because it’s not confusing. Some judges like the 2-2-3 arrangement and other splits like that. They’re not bad arrangements except for the fact that when you do it that way, it’s going to be not based off the calendar, so you have to keep track of whose time it is. But there’s a number of different ways that judges will figure that out on that front.
Schedules for Children with Special Needs
When we get back, I’m going to talk a little bit about what schedules can sometimes look like with kids that have special needs. But for now, if you have questions about visitation and you need advice, I would encourage you to go to Dads.Law where fathers are not disposable.
Get a Low-cost Strategy Session for Visitation Issues
If you have questions or concerns about visitation schedules in your custody case, don’t hesitate to reach out to us at Dads.Law. We offer a initial consultation to discuss your specific situation and provide you with the guidance you need. Call us now to schedule your consultation and ensure the best outcome for you and your child.