How do we decide on visitation rights?
The parent who does not have physical custody of the child has the right to frequent and reasonable visitation with the child. You and your spouse must decide on the frequency and duration of the visits. The more frequently the child sees his or her non-custodial parent, the closer their relationship will become. Therefore, a more flexible arrangement is encouraged. Remember that even if you and your spouse agree on custody and visitation, the schedule of visitation is subject to review by the court. When deciding on a visitation schedule, try to keep the following things in mind:
  1. When arriving at a visitation schedule, try to put yourself in the other parent's shoes. If your only contact with your child were during scheduled visitations, you would want this schedule to be as liberal as possible.
  2. Visitation with the other parent is necessary for your child's future well-being and normal development.
  3. Visitation is as much the child's right as it is the parents'. Therefore, it should be a positive and enjoyable experience for the child and the parents.
  4. Visitation may be the only time that you see your ex-spouse after the divorce, so try to show your ex respect in the child's presence despite any disagreements or resentment between you and your ex.
  5. The courts will look at the following factors when reviewing the schedule: Age and sex of the child. The bond between the child and each parent. The desires of the child and the parents. The willingness and capability of each parent to provide the needs of the child. The health of the child and the parents. The impact of moving on the child.
  6. The final schedule that you arrive at should be detailed and fixed enough to allow for some degree of long-term planning. Should you and your spouse not get along in the future, the child should continue to visit with the non-custodial parent. On the other hand, the schedule should be flexible enough to allow for reasonable adjustments as you and your spouse become used to your roles as divorced parents.

How do we decide who gets custody of the children?

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