Posted by: Dr. Justin D'Arienzo, Psy.D., ABPP
Long Distance Fourth Judicial Circuit Visitation Guidelines
FOURTH JUDICIAL CIRCUIT VISITATION GUIDELINES AT A DISTANCE BETWEEN RESIDENTIAL AND
NON-RESIDENTIAL HOUSEHOLDS IN EXCESS OF 280 MILES
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 DETAILS OF VISITATION, THE COURT MAY IMPOSE THE FOLLOWING VISITATION SCHEDULE. THE VISITATION AS SET FORTH BELOW IS A SUGGESTED GUIDELINE AS CIRCUMSTANCES MAY VARY SIGNIFICANTLY DUE TO THE DISTANCE BETWEEN THE PARTIES AND THE SPECIFIC LOCATIONS OF THEIR RESPECTIVE RESIDENCES.
THESE GUIDELINES SHALL BE CONSIDERED ONLY IN SITUATIONS WHERE THE DISTANCE BETWEEN THE RESIDENTIAL AND NON-RESIDENTIAL HOUSEHOLDS EXCEEDS 280 MILES.
The child(ren) has/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 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 unreasonable 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. WEEKENDS: The non-residential parent may exercise alternate weekend visitation, as provided for in the Fourth Judicial Circuit Visitation Guidelines, in the vicinity of the residential parent’s residence. Alternatively, the
non-residential parent shall have weekend visitation at a location designated by Fourth Judicial Circuit Visitation Guidelines (Long Distance) the non-residential parent once per month, on any weekend during a given month
that would encompass a three-day weekend, as well as visitation in the vicinity of the residential parent’s residence on the alternating weekend, when able. In the event there is no such three-day weekend during a given month, the first weekend of the month would be the weekend designated for visitation, unless otherwise agreed upon by the parties. Said visitation shall commence as early as practicable and no later than 5:00 p.m. on the day before the holiday or Friday, whichever comes first, and conclude at 5:00 p.m. on the day before school resumes, or
Sunday, whichever is later.
A. Christmas Vacation: The non-residential parent shall have visitation in the even-numbered years, from 5:00 p.m. on the day school dismisses to commence the Christmas vacation, until 5:00 p.m. on December 27th; and in odd-numbered years, from 5:00 p.m. on December 26th to 5:00 p.m. the day before school resumes.
B. Spring Vacation: The non-residential parent shall have visitation the entire spring vacation, annually, from 5:00 p.m. on the last day of school, until 5:00 p.m. on the day before school resumes. If there is another break encompassing five (5) consecutive week days then on that break as well, the non-residential parent shall have visitation from 5:00 p.m. on the last day of school until 5:00 p.m. on the day before school resumes.
C. Thanksgiving: The non-residential parent shall have visitation in the odd-numbered years, from 5:00 p.m. on the Wednesday before Thanksgiving until 5:00 p.m. on Sunday. In the even-numbered years, the residential parent shall
have Thanksgiving with the child(ren).
D. Mother’s Day/Father’s Day: Mother’s Day and Father’s Day shall be spent with the parent being honored by the holiday in question, from 5:00 p.m. on the Friday prior to the holiday until 5:00 p.m. on the Sunday. The non-residential parent’s visitation for this holiday shall take place in the vicinity of the residential parent’s residence, unless said visitation coincides with the non-residential parent’s summer vacation visitation.
E. Birthdays: The child(ren) shall celebrate his or her birthday(s) in the home of the residential parent unless the birthday falls on a regularly scheduled visitation date with the non-residential parent.
F. Non-Specified Holidays: Should the parents jointly recognize a holiday not specifically mentioned herein, each parent shall cooperate with the other in Fourth Judicial Circuit Visitation Guidelines (Long Distance)providing visitation with the non-residential parent for the entire holiday in the even-numbered years, and in working out beginning and ending times for such visitation.
3. SUMMER VACATION: The non-residential parent shall have summer visitation with the minor child(ren) commencing five (5) days following the end of the school term and ending two weeks prior to the start of the new school term. During said summer vacation visitation, the residential parent shall have visitation as set forth in paragraph 1 herein. The residential parent’s visitation shall take place in the vicinity of the non-residential parent’s residence.
A. Summer School: If a child is required to attend summer school to pass to the next grade, it must be attended and the above described Summer Vacation schedule does not apply. Weekend visitation as set forth in paragraph 1 herein shall apply during summer school. The non-residential parent’s summer vacation visitation will commence at 5:00
p.m. on the Friday following the conclusion of summer school and last until 5:00 p.m. on the fifth (5th) day prior to commencement of the new school year.
4. OPEN TELEPHONIC COMMUNICATION: When the child(ren) are with
one parent, the other parent shall have open and reasonable telephonic
communication with the child(ren) Said telephonic communication shall be
agreed upon by the parties. However, in the event the parties are unable to agree,
then the parent that does not have the child(ren) with him or her shall have
telephone contact on Thursdays and Sundays between 7:00 p.m. and 7:30 p.m.
Each parent shall provide the other with e-mail addresses and make e-mail
available to the child(ren) for the purpose of communicating with the other
parent, as long as there is a computer in service in the home.
5. SCHOOL CALENDARS: School calendars and event schedules shall be
provided to the non-residential parent by the residential parent immediately
upon receipt The residential parent shall also advise the non-residential parent of
events not appearing on school calendars as soon as practical after becoming
aware of the dates of such events.
6. CONFLICTS: Regular weekend and summer vacation visitation shall be had in
accordance with the schedule set out herein. Should there be any conflict
between the regularly scheduled and the holiday visitation, the holiday visitation
Fourth Judicial Circuit Visitation Guidelines (Long Distance) will control, to-wit: the visitation set out in paragraphs 2 and 3 takes precedence
over the visitation set out in paragraph 1.
7. TRANSPORTATION COSTS: Transportation costs shall be agreed upon by
the parties or left to the discretion of the Court. The criteria the Court may
consider in allocating transportation costs include, but are not limited to, the
A. Relative income of the parties.
B. Extent and regularity of the visitation of the non-residential parent prior to
D. The party responsible for and the circumstances of the relocation.
_____ The father shall pay the entire cost.
_____ The mother shall pay the entire cost.
_____ The parties shall split the cost.
_____ The issue of costs shall be brought before the court.
8. MODE OF TRANSPORTATION: The mode or method of transportation shall
be agreed upon by the parties or left to the discretion of the Court.
Conditions, if any: ______________________________________________
9. WAITING PERIOD: The child(ren) and the parents shall be required to wait a
reasonable period of time for the visiting parent to pick up the child(ren) to begin
any visitation. Consideration shall be made for the distance between the various
parties= and the mode of transportation used to exercise the visitation, as well as
unforeseen delays and flight schedules.
10. CANCELLATIONS: Cancellation by the non-custodial parent of any of the
aforementioned visitation shall be made in writing and at least 14 days prior to the
scheduled commencement of said visitation