Courts have evolved over time to assert that the best interest of the children typically means spending time with both parents, absent exceptional circumstances. Particularly during a child’s critical, formative years, protecting visitation for the parent who does not have primary residential custody, is considered very important. For this reason, while you may be in the process of divorcing your spouse, it is incumbent on you to work out a reasonable parenting time plan. While your marital relationship may be over, from the court’s perspective, your parental responsibilities don’t end. That includes trying to achieve civility when it comes to your children.
It can sometimes be easier said than done, but as far as procedure – you will be mandated to attend a parenting education workshop when you file for divorce and you have minor children. Parenting plans between the parent of primary residential custody and the alternate parent will depend on many factors, not the least of which include the child’s age, educational and social responsibilities, and geographic distance between the parties.
Of course, your situation may not seem so simple. Perhaps “best interest” for your children means something less than fully shared parenting, or even perhaps supervised parenting. In that case, be prepared for a hearing on the issue before a judge. Protect your rights and those of your children. Consult the Law Offices of Sadaf Trimarchi for a consultation regarding your case.