Any divorce or child custody case can be difficult. Once parental responsibility is established, having a chance to spend time with the minor children is important. Nothing can replace having a presence in the growth and development of a child’s life. There are many instances when the parents do not get along and the children are caught in the middle, resulting in one parent attempting to deny the other parent from seeing the child. Regardless of personal feelings, each parent is entitled to visitation with the child to allow a co-parenting scenario, unless there are other extenuating circumstances.

Visitation is also called “Parenting Time” or “Timeshare”in the eyes of the courts. The time spent is usually spelled out in clear instructions so there will be no interference from the other party.

Here are a few facts you need to know:

There are generally four different types of visitation orders:

• Scheduled

This is a detailed plan outlining dates, times and locations to keep the children in a structured environment. This plan can include vacations, holidays and other special occasions. Although the scheduled visitation times are outlined through documentation, parents who are amiable can arrange additional visitation times for the benefit of the children.

• Reasonable

These plans can be structured or unstructured, allowing the parents to work together to come up with a reasonable visitation schedule for the children. Although this works well for situations where the parents get along, if conflict ever arises, it could become problematic.

• Supervised

A supervised visitation order comes into play when there is reasonable doubt as to the safety and well-being of the children. Supervised visitation is also used when there has been a significant lapse of time between the parent and child’s last visit and they need to become reacquainted with each other. This is usually conducted by an adult or agency.

• No visit order

If parental visitation is detrimental or harmful to the well-being of the children in a physical or emotional way, the courts usually negate visitation rights. This is for very extreme circumstances.

A judge will review your case when establishing these orders. As a basis, the following is taken into account:

• Relationship between non-custodial parent and child

• Living conditions of the non-custodial parent

• If the non-custodial parent has had prior visitation

• Abuse history of the non-custodial parent

• Location of the non-custodial parent

Most non-custodial parents worry about whether the courts will grant visitation if they are unemployed, owe child support or have remarried. This is not a factor in determining or establishing visitation for a non-custodial parent, especially if you are a non-custodial parent but have joint custody of your children.

If you are experiencing difficulty in establishing a visitation schedule, do not attempt to handle the situation alone. Parental visitation interference is against the law. Having a family attorney by your side to navigate the process can help you get adequate visitation to spend time with your children, regardless of your financial situation. Know your rights! For more information on establishing visitation and your entitlements as a parent, the Jacksonville divorce lawyers at Copeland Family Law to advise you.