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Amber E.
Amber E., Attorney
Category: Legal
Satisfied Customers: 1482
Experience:  Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
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what are the time restraints regarding visitation and the requirements

Customer Question

what are the time restraints regarding visitation and the requirements for being your child's primary care giver?
Submitted: 6 years ago.
Category: Legal
Expert:  Amber E. replied 6 years ago.
If the parents are unable to agree, then the court will make that decision and name one parent the primary based on the "best interests of the child." There are not inherent restraints or requirements, as these are set by the court on a case-by-case basis as necessary. Rather, the judge determines the child's best interest by reviewing a number of different factors, such as the role each parent has had in the child's life to date, the relationship between each parent and the child, and the relative stability of each parent in terms of housing, health, economics, etc. The court may also consider each parent's moral fitness and criminal history (if any). Ordinarily, one parent is named the primary custodial parent and the other is named the non-custodial parent; the non-custodial parent who is awarded visitation is given as much visitation as is feasible, taking into consideration each parent's schedule and the child's schedule, the age of the child, etc. Standard visitation is every other weekend, shared holidays, and weeks during the summer, but of course parents may be able to "share" custody 50/50 if the parents are able to cooperate. If the the non-custodial parent abuses drugs and alcohol, then of course his time would be limited, even to a few hours in some cases, and possibly supervised. As you can see, judges have a great deal of discretion that allows them to do whatever they consider to be good for the child's overall well-being.