FOURTH JUDICIAL CIRCUIT VISITATION GUIDELINES (LOCAL)

Posted by: Dr. Justin D'Arienzo, Psy.D., ABPP

FOURTH JUDICIAL CIRCUIT VISITATION GUIDELINES (LOCAL)

NEITHER PARENT SHALL CONCEAL THE WHEREABOUTS OF ANY CHILD(REN) OF THE PARTIES, AND EACH PARENT WILL KEEP THE OTHER ADVISED AT ALL TIMES OF THE RESIDENTIAL ADDRESS AND PHONE NUMBERS WHERE THE CHILD(REN) WILL BE STAYING WHILE IN THE CUSTODY OF EITHER PARENT. EACH PARENT SHALL NOTIFY THE OTHER IMMEDIATELY (NO LATER THAN 3 HOURS) OF ANY EMERGENCY PERTAINING TO ANY CHILD(REN) OF THE PARTIES. “REASONABLE” VISITATION WITH ANY CHILD(REN) OF THE PARTIES SHALL TAKE PLACE AT SUCH TIME AND PLACE AS THE PARTIES MAY AGREE. IF THE PARTIES CANNOT REACH AN AGREEMENT AS TO THE DETAILS OF VISITATION, THE COURT MAY IMPOSE THE FOLLOWING VISITATION SCHEDULE.

The child(ren) have a right to spend considerable time with both parents. Each of the parties shall exercise the utmost good faith and shall consent to all reasonable visitation requests by the other party. The residential parent is expected to provide access to the child(ren) at unscheduled times, if requested, and if to do so does not unreasonably disrupt prior planned activities of the child(ren) or the residential parent. Therefore, not as a limitation, but as an extension of the foregoing, the non-residential parent is entitled to and shall have the following minimum visitation rights with the child(ren):

1. WEEKDAYS: One evening per week from immediately after school/work through 8:30 p.m. If the parties cannot agree upon the day, it shall be Wednesday.

2. WEEKENDS: A. Every other weekend, commencing on _____________________. Should the nonresidential parent’s regular weekend fall on a three day weekend which is observed by both the non-residential parent and the child(ren)’s school, and the weekend is a holiday or special occasion not otherwise expressly provided for below, then the non-residential parent shall be entitled to a three-day weekend. Fourth Judicial Circuit Visitation Guidelines (Local) Page 2 B. As to paragraph 2(A), the residential parent shall have the alternate weekends. As to paragraphs 3(A) through (G), below, the residential parent shall be entitled to the same time with the child(ren), but in alternate years.

3. HOLIDAYS:

A. Christmas Vacation: Every Christmas season, in even-numbered years from immediately after school/work the day school lets out through December 25th, at 3:00 p.m. During odd-numbered years, from 3:00 p.m. December 25th, through 6:00 p.m. the day before school resumes.

B. Spring Vacation: School spring break from immediately after school/work the day school lets out through 6:00 p.m. the day before school resumes in the even-numbered years.

C. Thanksgiving: Thanksgiving weekend (from immediately after school/work Wednesday through 6:00 p.m. Sunday) in odd-numbered years.

D. Mother=s Day/Father=s Day: The child(ren) shall be with the mother on Mother=s Day weekend and with the father on Father=s Day weekend, and with the other parent the following weekend.

E. Easter: Easter weekend in odd-numbered years.

F. Independence Day: Independence Day (from 9:00 a.m. July 4th through 9:00 a.m. July 5th, except it shall be a three-day weekend if July 4th falls on a Friday or Monday) in odd-numbered years.

G. Birthdays: Birthdays of the child(ren) in even-numbered years.

H. If a weekend provided for above is a two-day weekend, it shall be from 6:00 p.m. on Friday, through 6:00 p.m. on Sunday. If a weekend is a three-day weekend, it shall be from 6:00 p.m. the day before the weekend (Thursday or Friday) through 6:00 p.m. the last day of the weekend (Sunday or Monday).

Even though several of the above visitation provisions are related to Aschool,@ the non-residential parent shall have comparable visitation with pre-school child(ren).

I. Holidays and special occasions, as provided in paragraphs 3(A) through 3(G), shall have priority over regular weekday and weekend visitation. In the event a holiday visitation shall have the effect of creating three (3) Fourth Judicial Circuit Visitation Guidelines (Local) Page 3 consecutive entire weekends with one parent, then the third such weekend shall revert to the other patent and the weekends shall alternate thereafter.

4. SUMMER VACATION: A. One-half (2) of summer school vacation (or equivalent if child is below school age). If the parties are unable to agree upon the date for such visitation, then the visitation shall commence at 9:00 a.m. on the second Saturday in June and shall continue for a period equal to one-half of the school summer vacation (or the equivalent thereto if the child is not in school), but the provisions provided for regarding Father=s Day, the child(ren)=s birthday, and July 4th shall have priority. During such time, the residential parent shall also be entitled to the weekday and weekend visitation provided the non-residential parent. Notwithstanding, during the summer, each parent shall be entitled to reasonable extended, out-of-town vacation time, uninterrupted by sharing the child(ren) with the other parent. B. If a child is enrolled in daycare, then the same day care shall be made available to the non-custodial parent during his/her period of exercising summer visitation and the custodial parent shall continue to pay the cost thereof as during the rest of the year.

5. CONFLICTS: Both parents shall endeavor to be punctual in transferring the child(ren). If circumstances prevent either from being punctual, the parents shall communicate and cooperate appropriately.

6. CANCELLATIONS: Each parent shall give the other parent at least 24 hours advance notice (or if an emergency occurs, as quickly as possible), if he/she will be unable to exercise weeknight, weekend, Father=s Day, Mother=s Day, or birthday visitation. As to holidays, there shall be one week advance notice; as to Christmas and summer, one month advance cancellation notice. Notice as to Christmas and summer vacation shall be in writing. NOTE: If child(ren) is/are enrolled in a modified calendar/ multitrack school program, then some of the foregoing provisions would not correctly apply (e.g., Thanksgiving, Christmas, School Spring Break, and Summer). Visitation must be [email protected] by the parties or Court to be consistent with the intent of the Guidelines.