Parenting Time (Visitation)

Is Parenting Time Different than Custody?

Yes.  Parenting time or visitation is the actual time a parent spends with a child regardless of who has court-ordered custody of the child.
 
What are some of the things the court will look at to determine which parent has custody and parenting time?

The "Best Interests of the Child" standard is key in determining the custody and parenting time of a child.  

The court may consider some or all of the following factors:

• the wishes of the child's parents
• the reasonable preference of the child
• the child's primary caretaker
• the intimacy of the relationship between each parent and the child
• the interaction of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests
• the child's adjustment to home, school, and community
• the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• the permanence, as a family unit, of the existing or proposed custodial home
• the mental and physical health of all individuals involved
• the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any
• the child's cultural background
• the effect on the child of the actions of an abuser, if related to domestic abuse
   

Can I be guaranteed parenting time with my child?

No.  However, in the absence of other evidence, there is a presumption that a parent is entitled to receive at least 25 percent of the parenting time with the child.

How is Parenting Time Determined?

The percentage of parenting time may be determined by calculating the number of overnights that a child spends with a parent, or by using a method other than overnights, if the parent has significant time periods on separate days when the child is in the parent's physical custody but does not stay overnight. The court may consider the age of the child in determining whether a child is with a parent for a significant period of time.

Can Parenting Time Be Denied If Child Support Is Not Paid?

No. A parent's failure to pay support is not sufficient cause for denial of parenting time.