It is fairly typical for a divorce proceeding to begin and for both parents to have differing ideas on what time is appropriate for the other parent. Therefore, this is an issue that you must consult with and strategize with your lawyer before you start the divorce proceeding. This way, you can project any future issues that may arise if your spouse does not agree with your assessment of your proposed parenting time schedule when you and your spouse no longer live in the same household.
Conversely, if you are the spouse who received the divorce paperwork and you do not have an agreement on a parenting time schedule, the following is a checklist of items you may want to consider:
- Meet with your own lawyer to discuss your various options;
- Come up with your own parenting time proposal, taking into account all of the facts of your case;
Work with your lawyer to determine the correct process so that you are able to negotiate a parenting time schedule for both yourself and your spouse. This might mean that you participate in processes such as mediation, or social early neutral evaluation.
In some cases, (especially involving abuse or neglect), you might even want to consider an emergency motion, or a temporary motion, to address the issues.
In any divorce proceeding, one of the goals is to arrive at mutually-satisfying custody and parenting time designations. You are entitled to a specific parenting time schedule based upon state law:
“(e) Upon request of either party, to the extent practicable an order for parenting time must include a specific schedule for parenting time, including the frequency and duration of visitation and visitation during holidays and vacations, unless parenting time is restricted, denied, or reserved.”
In my many years at practice as a family law attorney, I’ve found that custody and parenting time are often of the highest priority to parents. Your children mean the world for you, and you deserve someone experienced to work alongside as you make sure their needs are met. Please, contact us today for a free consultation—call our office at 651-647-0087 or reach out via our online contact form.
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