As part of a custody case or litigation, there will be child custody issues worked through when the couple has children. However, this does not necessarily fully and completely end all possible disputes or discussions about future parenting time rights. Parenting Time, sometimes referred to as “visitation”, is generally awarded in situations where custody has been determined by the court.
In some rare cases Grandparents may petition for visitation rights, and unless there are extenuating circumstances, a non-custodial parent always has the right to parenting time with the child.
Generally the courts will encourage access to children unless there has been a history of absconding with the child, physical abuse, sexual abuse, or substance abuse. Even with this history, a judge may allow supervised visits, and it is only in very extreme situations that the court will deny visitation rights altogether.
Parents are generally encouraged to work out their own parenting time schedule. Some counties may even offer mediators to help the parties reach an agreement as to parenting time, but if the parties can’t reach an agreement, the Judge will dictate when each parent will have the child for parenting time.
Parents must also understand there are restrictions on parenting time that are provided under the Hague Convention restrictions