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A Judge’s Guide

A Judge’s Guide

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RECURRING ISSUES<br />

VISITATION ORDERS<br />

SPECIFIC SCHEDULE REASONABLE VISITATION<br />

Created based on the needs of the Boilerplate language that allows parties<br />

particular child but considers parents’ to determine specific visitation<br />

scheduling needs as well. routines.<br />

Benefits Benefits<br />

• Reflects complexity of parenting • More flexible than a fixed schedule.<br />

needs. • Works better if parents cooperate.<br />

• Reduces need for contact and<br />

agreement between parents.<br />

• Relatively easy to enforce.<br />

• Provides notice to parents of<br />

guidelines about the<br />

arrangement.<br />

Disadvantages Disadvantages<br />

• Inflexible or less flexible (although • Requires good communication<br />

can include provision for between parents.<br />

modification). • Disagreements frequently arise.<br />

• Difficult to create(without court order) • Does not provide a mechanism<br />

if parents are unwilling to cooperate. to solve disagreements.<br />

• More dangerous in cases of domestic<br />

violence.<br />

SUPERVISED VISITATION DENIAL OF VISITATION<br />

Contact between noncustodial parent Complete denial of contact between<br />

and child which takes place under the child and the noncustodial parent.<br />

the supervision of a neutral third<br />

party observer.<br />

Benefits Limitations<br />

• Allows parent-child relationship • Should not be ordered unless the<br />

to continue. situation indicates that any level<br />

• Promotes safety of the child and of contact between the parent and<br />

custodial parent. child would be detrimental to the<br />

child’s interests or well-being or<br />

would seriously jeopardize another<br />

family member.<br />

Disadvantages Factors to Consider<br />

• Not every jurisdiction has organized • History of visitation.<br />

supervised visitation programs. • Attitude of noncustodial parent<br />

• May be difficult to find a neutral toward the child.<br />

third party to provide adequate • Interest in child and his/her activities.<br />

supervision. • Relationship between the parents.<br />

• Existence of the problem<br />

substantiating claimed unfitness.<br />

• Specific instances of conduct.<br />

• Corroboration of incidents indicating<br />

unfitness.<br />

• Domestic violence.<br />

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