Visitation & Parenting Time
The allocation of parenting time is separate from decision-making rights. This is about where the child lives primarily, what the parenting time schedule is, whether there is an equal allocation of parenting time, and whether there need to be restrictions put in place to protect the child. This is no longer called visitation under the new law, though most people still refer to it using this term.
If the parties cannot come to an agreement regarding parenting time, mediation is a required first step, either through local county resources or privately. If there is still no agreement, the court may appoint a child representative or Guardian ad Litem, which is an attorney on behalf of your child. That person is an additional cost but may be helpful in resolving the issues or presenting the positions or making recommendations to the court. In addition, some cases require the appointment of a mental health expert to interview the parties, children, and others, and make recommendations to the court. There are many factors upon which the court basis the decision on how to allocate these rights, all within the purview of the legal standard of "the best interest of the child."
At The Law Office of Erin M. Wilson LLC we have experience in all types of visitation or parenting time cases, ranging from when the parties share equal parenting time to when there are restrictions put in place to protect the child from serious endangerment. We can creatively craft settlement agreements where each party feels as it is in the child(ren)’s best interests or aggressively pursue our client’s position in court, including all the way through a contested trial.
Please contact The Law Office of Erin M. Wilson LLC for a consultation regarding visitation and parenting time.