Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas.
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Visitation
When a Court orders that custody of a child be placed primarily with one party, the
Court will also typically award the other party visitation rights. Courts recognize almost
universally that in most situations that it is in the best interests of the children to have a
relationship with both parents, which visitation is designed to allow. However, there are
certain circumstances in which Courts will restrict visitation or order that it be
supervised in order to protect the children.
Standard Visitation Schedules
Most courts will have a standard visitation schedule that is presumed to be in the best
interests of the children. Most courts also agree that appropriate visitation for the
non-custodial parent is every other weekend from Friday at 6:00 p.m. to Sunday at 6:00
p.m. and a midweek visit from 4:00 p.m. to 8:00 p.m. one day every week. Courts
encourage as much phone contact as possible, and with the invention of programs like
Skype, face to face communication over the computer is also possible. Standard
visitation schedules also provide for visitation over alternating holidays and for extended
periods of time over the summer.
Other Orders in Standard Visitation Schedules
Standard visitation schedules often order other things as well. For example, most courts
will order the parties not to cohabitate with anyone not related by blood or marriage.
The standard visitation schedule may also order one party or the other to be responsible
for transportation, and order the custodial parent to provide frequent updates on the
health, education, and welfare of the minor children to the non-custodial parent.
Restricted or Supervised Visitation
When it comes to issues of child custody, the Court cares only about the best interest of
the children. This includes their safety, welfare, education, health, and every other
factor that impacts their wellbeing. In some instances, the best interests of the children
require a restricted or supervised visitation schedule.
For example, if one parent has been found to have abused a child in anyway, it may be
necessary to restrict that parent's visitation. Often times, courts will look for the
underlying cause of a problem which may endanger the child. For example, if a parent
is an alcoholic or has anger management issues, the Court may restrict or supervise that
parent's visitation until the parent has completed an alcohol safety education program or
anger management class. These are only examples - each case should be reviewed by
an attorney to determine whether supervised or restricted visits are appropriate.
However, parents should keep in mind that demanding supervised or restricted visitation
when it is not appropriate makes it look like that parent is trying to keep the children
from their other parent without cause, which could be grounds for placing custody with
the other parent.
The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756 Ph: (479)633-8994 | Fax: (479)633-8997 All rights reserved. (c) The Bryant Firm, 2011.
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Joshua S. Bryant Attorney at Law
THE BRYANT FIRM, P.A. 9 Halsted Circle Rogers, AR 72756 (479)633-8994 Fax: (479)633-8997
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