Various Forms of Visitation

Visitation can be in two forms, “reasonable visitation” or “structured visitation.”

Reasonable Visitation

If a non-custodial parent is granted reasonable visitation, visitation will not be detailed but rather subject to the agreement between the parents. It provides more flexibility, but also requires a working, amicable relationship between the parents.

Structured Visitation

Structured visitation involves a schedule for child visitation. Visitation may be structured in a variety of ways including, but not limited to, every other weekend, alternating holidays or several weeks during the summer. Joint custody can be very beneficial for the minor child, especially when parents are able to work together for the best interests of the child. Your child custody lawyer will help you articulate what is in the best interest of your child.

How Child Custody Is Determined by Courts

Judges do not favor one parent over the other, but consider factors including, but not limited to:

• Significance of past history of physical assaults
• Exposing the child to sexually explicit printed or pictorial materials
• Illegal drug use by either party
• Exposure of the child to sexually explicit TV programs or movies
• Negative comments by one parent about the other parent in the presence of the child
• Parents cooperation in allowing physical access to the child for visitation
• Significance of a parent resisting the involvement of the other parent in the parenting of the children
• Parents cooperation in allowing telephone access to child
• Parent involving a child in the custody process (i.e. reviewing the custody complaint or discussing other parts of the legal process with the child)
• Parent making comments in the presence of the child

• Having expert testimony on psychiatric disorders of the parents
• Outbursts
• Criminal record of either parent
• Past history of a parent’s involvement in school/education
• Significance of a parent voluntarily providing support or failing to voluntarily provide support
• Having expert testimony on personality disorders of the parent
• Methods of discipline used
• Significance of either parent having an overnight companion while having responsibility for a child
• Having a forensic custody evaluation available
• Testimony from other adults who are active in caring for the child, such as grandparents, step-parents, girlfriend or boyfriend
• Employment record of either parent

Until there is a custody order in place, both parents have equal rights regarding their child. It is important to be proactive with regard to child custody, especially if the parent’s relationship is contentious, so as to prevent as much disruption to the minor child’s life as possible.

When a judge is forced to make a custody determination, it is already clear that the parents are incapable of working together to resolve the matters concerning their child. During a child custody trial, the judge considers certain facts and issues to determine what is in the children’s welfare and best interests. You want a child custody attorney on your side.

Modify a Child Custody Order in NC

After a child custody order is in place, the only way to change it is through a Motion to Modify Custody. The motion must provide evidence to the court that there’s been a substantial change in circumstances that warrants a change to your custody order.

If you came to a custody agreement with the opposing party through mediation, you may need to return to mediation if you’re looking to modify your custody order. However, that is not always the case. There a few instances where mediation can be waived. This may happen if you recently went to mediation, a domestic violence protective order is in place, or if the opposing party lives across the country.

We recommend consulting with an experienced child custody attorney to really understand the options available to you.

Dummit Fradin: We Make a Difference

Schedule a consultation with a Dummit Fradin child custody attorney today. Our attorneys will listen to what you have to say and advise you on the best course of action. Experienced attorneys deal with these matters every day. Don’t leave the most important thing in your life to chance. Retain the services of a caring and skilled child custody attorney.