Courts have broad discretion to determine child visitation schedules. The Court’s decisions must be based on the best interests of the child. Generally, a parent’s right to visitation is not conditioned on whether that parent is up to date on child support payments.
Schedule of Visitation
Child visitation orders or agreements should lay out where the children’s primary and secondary residences will be. The schedule of visitation ordered by the court or based on agreement of the parties should completely and unambiguously define the custodial periods for each parent. These custodial periods should be specified by the start and end days and times (e.g., 6PM Friday through 6PM Sunday). The visitation order or schedule may also include instructions as to where and how the children are to be picked up and returned.
What Can I do if the Custodial Parent Wishes to Move Away?
One issue that can arise occurs when a custodial parent desires or is required to move away from the area of residence of the non-custodial parent, making visitation by the non-custodial parent very impractical. Under such circumstances, the custodial parent must give written notice to the non-custodial parent at least 45-days prior to the move. Within 30-days of said notice, the non-custodial parent may file a motion to seek a temporary or permanent order to prevent the relocation.