While most people focus on the formal custody labels, in many ways, the parenting time schedule is what really matters.  The parenting time schedule, after all, determines when the children will be with which parent.  This is much more important than knowing whether you have “sole” or “joint” physical custody of your children.  Because child support is determined, in part, based upon each parent’s amount of parenting time with the children, this also moves the focus from custody labels to parenting time.

A parenting time schedule can be as precise or as vague as you would like it to be.  There are pros and cons to each.  A vague schedule allows for flexibility, which can work well with parents who are able to cooperate.  The downside, though, is that in the absence of an agreement, the parenting time schedule will not help you resolve the dispute.  A precise schedule will determine where the children should be at what time, but might not allow for flexibility, particularly if one parent is unwilling to ever waver from it.

A parenting time schedule includes provisions for holidays and vacations.  Generally speaking, the holiday schedule will trump the “regular” parenting time schedule.  Most vacation schedules allow both parties 2-3 weeks of uninterrupted vacation time per year, which can be consecutive or nonconsecutive.  As with any issue in family law, all of the terms of a parenting time schedule are negotiable.

Importance of Parenting Time

In some instances, supervised parenting time may be appropriate.  This can be true when a parent has drug or alcohol issues.  The purpose of supervision, of course, is not to “punish” the parent for their chemical problems, but to ensure the safety and best interests of the children.  Supervision may also be appropriate when a parent is exercising parenting time after a lengthy period of separation with younger children.  In this instance, the supervisions acts as a buffer as parent and child become reacquainted.

Visitation Rights Modification

It is possible to modify a parenting time schedule.  So long as the proposed modification does not change the primary residence of the child, the court can grant such a request if it is in the best interests of the child.  It is important to know that the legal standard for modifying parenting time is lower than the legal standard for modifying custody.

How We Can Help

A Gadtke & Beyer attorney can explain to you why, as a matter of strategy, a motion should be brought as one to modify custody or parenting time.  Contact the staff at Gadtke & Beyer, LLC today at 952-345-8004 or fill out a form at the side of the page.

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Have questions? Feel free to contact Gadtke & Beyer, LLC today. We offer free consultations to all potential clients - call today at 952-345-8004.