Visitation is the schedule agreed upon by the parents, or imposed by the court, which defines the parents’ time with their children. This is usually referred to as a parenting plan.
The judge will usually not make a decision about custody and visitation until after the parents have met with a mediator (whether a Family Court Services mediator or a private mediator). The law states that judges must give custody according to what is in the “best interest of the child.” To decide what is best for a child, the court will consider:
- The age of the child
- The health of the child
- The emotional ties between the parents and the child
- The ability of the parents to care for the child
- Any history of family violence or substance abuse
- The child’s ties to school, home, and his or her community
Contrary to what you may have heard, courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny your right to custody or visitation just because you were never married to the other parent, or because you or the other parent has a physical disability or a different lifestyle, religious belief, or sexual orientation. The only criteria the court uses to determine custody arrangements “the best interest of the child.”