What is a child visitation plan?

A child visitation plan, sometimes part of a parenting plan, is an important part of co-parenting. While issues of visitation and parenting plans arise frequently in divorce, they can also arise when two unmarried parents separate. These issues come up any time both parents want continued access to or custody of a child when those parents no longer reside together in the same home.

Child Visitation Plans and Parenting Plans

A child visitation plan may be created  as part of a parenting plan, which is a term used to describe a custody agreement established by parents outside of formal litigation. If the two parties involved get along well enough and are able to agree and compromise, parents can create a parenting plan wholly on their own. This plan will dictate how custody will be divided and the child visitation plan, if included as part of the parenting plan, will outline how and when the non-custodial parent has access to the child. The overall parenting plan may also include details about other aspects of the child’s ongoing care, such as a statement that both parents have the right to make legal and medical decisions regarding the child. When two parents are able to come to a parenting plan on their own, courts will generally approve this plan in order to finalize and formalize it. Once formal, it becomes legally binding just like any other custody agreement.

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Creating a Parenting Plan

Parents often are not able to come up with a parenting plan completely on their own, since acrimony is almost always common to some degree when a couple splits up. In such cases, courts still generally encourage parents to try to work things out without involving a court battle. Mediation is often recommended, and an independent third party mediator may help to facilitate discussion and allow the parents to agree. This is only an option, however, when the parents are committed to working together, since mediation is voluntary and either party can end the process at any time. A mediator will not issue a ruling or compel parties to agree, and in situations where there is abuse or a complete unwillingness to be reasonable, mediation is not going to be effective.

Establishing a Child Visitation Plan

Child visitation refers to the right of a non-custodial parent to have regular, scheduled time with the child. The parent who lives with the child full time is the custodial parent, and the non-custodial parent may be awarded child visitation on weekends, holidays, or some other specific time periods. Child visitation is almost always granted by the courts in the event that the parents do need to litigate the issue of custody, since it is widely believed to be in a child’s best interests to have both parents present to at least some extent, so it is usually better if parents agree on a child visitation plan that works for both parents in order to avoid a child visitation schedule that works for neither parent. If a parent wants visitation, this means he or she is likely going to get it unless there was a history of abuse or some other very compelling reason not to permit it.

Once a child visitation schedule/custody agreement is in place, it becomes legally binding. Parents must allow visitation as set forth in the custody agreement. This is true even if they established the child visitation plan and parenting plan themselves, as long as the plan has been made final and approved by the court.

Case Studies: Understanding Child Visitation Plans

Case Study 1: Collaborative Parenting Plan

Sarah and John, a recently divorced couple, decided to create a parenting plan together to address their child’s visitation schedule. They worked out an arrangement that allowed the non-custodial parent, John, to spend weekends and holidays with their child.

The parenting plan also included provisions for joint decision-making on important matters concerning the child’s well-being. Their collaborative effort resulted in a mutually agreeable child visitation plan that prioritized the child’s best interests.

Case Study 2: Mediation for Parenting Plan

Mike and Emily, who were unmarried parents, separated and disagreed on a parenting plan. They sought the help of a mediator to facilitate discussions and negotiate a child visitation schedule. With the mediator’s assistance, they reached a resolution that granted Mike regular visitation time during weekdays and some weekends.

Mediation proved successful in finding common ground and establishing a visitation plan that suited both parents’ needs and their child’s welfare.

Case Study 3: Court-Ordered Child Visitation

Laura and David could not agree on a parenting plan, and their dispute ended up in court. The court recognized the importance of both parents’ involvement in the child’s life and awarded David regular visitation rights. The court-ordered child visitation plan outlined specific dates and times for visitation to ensure the child’s consistent access to both parents.

This case study illustrates how courts prioritize a child’s right to maintain a relationship with both parents, even when formal litigation is necessary.

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