Code of Laws Title 63 Chapter 15 Child Custody

VISITATION AGREEMENT (SOLE CUSTODY)

In sole custody orders, the primary care, custody, and control of the minor children of the parties is granted to the custodial parent subject to reasonable visitation by the non-custodial parent at such times and places as may be mutually agreed upon by the parties. If the parties do not agree, the Court will usually establish the schedule. The following is a Visitation Agreement which outlines allocated time to both the non-custodial and custodial parent.

I. Routine Visitation.

A. Non-custodial Parent. The non-custodial parent shall be entitled to the following:

1. Alternating weekends from 6:00 p.m. on Friday until 7:00 p.m. on Sunday.

2. One weeknight each week, said night to be agreed upon by the parties; however in the event the parties cannot agree, the designated night shall be Wednesday night from 5:00 p.m. to 8:00 p.m.

II. Holiday Visitation.

A. Non-custodial Parent: The non-custodial parent shall be entitled to the following:

1. In years ending in an odd number:

(a) The night before each child's birthday from 5:00 p.m. to 8:00 p.m.;

(b) Spring break in a home with school-age children for the duration of the vacation break from Friday at 6:00 p.m. to the Sunday prior to the start of school at 7:00 p.m.;

(c) Memorial Day weekend from 6:00 p.m. on Friday until 7:00 p.m. on Monday;

(d) Independence Day from 6:00 p.m. on July 3 until 7:00 p.m. on July 5;

(e) Thanksgiving holiday from 6:00 p.m. on Wednesday until 7:00 p.m. on Sunday;

(f) From noon to 9:00 p.m. on Christmas Day and the second half of the children's winter Christmas vacation from school with the period being counted from the evening the child is released from school to the evening the day before the child will return to school. For preschool children the same schedule shall apply and the Christmas period shall be determined by the vacation period of the public grade school in the custodial parent's school district.

2. In years ending in an even number:

(a) Each child's birthday;

(b) Easter weekend from 6:00 p.m. on Good Friday until 7:00 p.m. on Easter Sunday;

(c) Labor Day weekend from 6:00 p.m. on Friday until 7:00 p.m. on Monday;

(d) Halloween evening from 6:00 p.m. until 9:00 p.m.;

(e) Fall break in home with school-age children;

(f) The first half of the child's winter vacation from school with the period being counted from the evening the child is released from school to the evening the day before the child will return to school with the exception of noon to 9:00 p.m. on Christmas Day, which time shall be with the other parent. For preschool children the same schedule shall apply and the Christmas period shall be determined by the vacation period of the public grade school in the custodial parent's school district.

3. Every year on non-custodial parent's birthday from 9:00 a.m. until 7:00 p.m. and Mother or Father's Day weekend applicable to the non-custodial parent from Friday at 6:00 p.m. until Sunday at 7:00 p.m.

B. Custodial Parent. Recognizing that the custodial parent needs specific holiday and other miscellaneous visitation, the following is recommended:

1. In years ending in an even number:

(a) The night before each child's birthday from 5:00 p.m. to 8:00 p.m.;

(b) Spring break in a home with school-age children for the duration of the vacation break from Friday at 6:00 p.m. to the following Sunday at 7:00 p.m.;

(c) Memorial Day weekend from 6:00 p.m. on Friday until 7:00 p.m. on Monday;

(d) Independence Day from 6:00 p.m. on July 3 until 7:00 p.m. on July 5;

(e) Thanksgiving holiday from 6:00 p.m. on Wednesday until 7:00 p.m. on Sunday;

(f) From noon to 9:00 p.m. on Christmas Day and the second half of the child's winter Christmas vacation from school with the period being counted from the evening the child is released from school to the evening the day before the child will return to school. For preschool children the same schedule shall apply and the Christmas period shall be determined by the vacation period of the public grade school in the custodial parent's school district.

2. In years ending in an odd number:

(a) Each child's birthday;

(b) Easter weekend from 6:00 p.m. on Good Friday until 7:00 p.m. on Easter Sunday;

(c) Labor Day weekend from 6:00 p.m. on Friday until 7:00 p.m. on Monday;

(d) Halloween evening from 6:00 p.m. until 9:00 p.m.;

(e) Fall break for home with school-age children;

(f) The first half of the child's winter vacation from school with the period being counted from the evening the child is released from school to the evening the day before the child will return to school with the exception of noon to 9:00 p.m. on Christmas Day, which time shall be with the other parent. For preschool children the same schedule shall apply and the Christmas period shall be determined by the vacation period of the public grade school in the custodial parent's school district.

3. Every year on custodial parent's birthday from 9:00 a.m. until 7:00 p.m. and Mother or Father's Day weekend applicable to the custodial parent from Friday at 6:00 p.m. until Sunday at 7:00 p.m.

III. Summer Visitation.

A. The non-custodial parent shall have the following summer visitation:

1. For homes with children under five years old only: Two weeks in June and two weeks in July each year with the weeks to be determined by May 1 of each year. During any extended summer visitation of more than three consecutive weeks, it should be the non-custodial parent's duty to arrange for a time mutually convenient, a 48-hour continuous period of visitation for the custodial parent unless long-distance vacation plans make this impractical.

2. For homes with children five years old or older: If the home has school age children and the summer vacation is twelve weeks long, the non-custodial parent shall have two non-consecutive three-week periods to be determined by May 1 of each year. However, if the summer vacation is less than twelve weeks the vacation time shall be split equally between the parties.

B. For summer visitation with children ages five and older, the custodial parent shall be entitled to at least two (2) consecutive weeks of physical custody of the child each summer, during which time the non-custodial parent shall have no visitation rights, as provided under these guidelines.

C. Each party shall, by May 1 of each year, advise the other, in writing, of the summer visitation that he and she are requesting.

IV. General Principles.

A. Holiday Visitation Supersedes Routine Visitation: In the event of any conflict between alternate weekend visitation and the specific "holiday" visitation outlined herein, the specific "holiday" visitation shall supersede the alternate weekend visitation.

B. Missed Weekend Visitation as the Result of Holiday or Other Superseding Visitation: Whenever the child or children is with one of his or her parents for two (2) consecutive weekends, then notwithstanding any other provisions contained within these Guidelines, the parent that did not have physical custody of the child for those two (2) weekends, shall have the child for the following weekend and the parties shall then re-establish alternate weekend visitation. The only exception to this provision of the reconfiguration of "alternate weekend visitation" shall be during those times that either parent is exercising the extended summer visitation as outlined herein.

C. Abatement of Support During Extended Visitation: If support obligation is current, support shall abate by 50 percent during the visitation for seven consecutive days or more. If support is not current, the 50 percent that would have been abated shall be paid and shall apply to the existing arrearage.

D. Pick-up and Drop-off: Unless other arrangements are made, the non-custodial parent shall pick up the children at the times specified and return them at the times specified. The custodial parent shall have the children ready for visitation at the time they are to be picked up and shall be present at the home to receive the children at the time they are returned.

E. Failure to Exercise Visitation: The non-custodial parent shall give the custodial parent three days' prior notice if he or she does not intend to exercise visitation unless an emergency situation exists, in which case he or she will give such notice as is possible under the circumstances.

F. Missed Visitation: In the event the non-custodial parent misses visitation as the result of illness of the child or parent, an emergency, or other such reasonable excuse, the parties shall make a good faith effort to make up a portion of that visitation within a reasonable period of time, understanding the importance of the non-custodial parent's continuing and frequent contact with the children.

G. Caretaker Provision: As a general rule, each parent shall have the right of first refusal for child care or babysitting needs of the other parent for a duration of four hours or more. Whenever either parent has a need for child care or babysitting for a duration of four hours or more, that parent should always make a good faith attempt first to inquire of the other parent, with as much advance notice as reasonably possible, whether the other parent desires to provide the child care or babysitting. The other parent is under no obligation to provide the childcare or babysitting. If the other parent elects to provide such childcare or babysitting, it shall be done at no cost.

H. Extracurricular Activities of Children: Children are often involved in sports, lessons, and other extracurricular activities, which are generally to their benefit and enjoyment. Each parent should recognize that a reasonable amount of extracurricular activities are generally assumed to be in the children's best interests. Each parent should attempt to be flexible in order to accommodate the children's extracurricular activity schedules as much as reasonably possible, although extracurricular activities should not supersede summer visitation with non-custodial parents, nor should they be used as a method by which to deny access to the non-custodial parent.

I. Current Information and Telephone Privileges: Each parent shall supply the other with his/her current address and telephone number. Each parent shall allow liberal and reasonable telephone and mail privileges with the children.

J. School Information: The non-custodial parent shall make an effort to obtain information about the child's school progress and functions directly from the school and, if required by the school, the custodial parent shall execute any necessary forms to allow the release of this information. In the event the school is not willing to provide the non-custodial parent with this information, the custodial parent shall provide copies of all school reports within ten days of their receipt.

K. Medical Reports and Bills: The custodial parent shall provide copies of all medical information, and documentation, including bills, within ten (10) days of their receipt and shall immediately notify the other parent in the event of a medical emergency. Every effort shall be made for the custodial parent to provide the non-custodial parent with the necessary information of a medical expense in order to get the bill satisfied.

L. Visitation Disputes: Neither visitation nor child support is to be withheld due to either parent's failure to comply with a court order. If a dispute arises concerning visitation, the parents shall first consider resolving the dispute through family counseling or mediation.

M. Modifications: If the parties mutually agree permanently to change the provisions of their decree of divorce, they must petition the Court to approve and order that change. In the event that the parties do not obtain a court order, the Court will not be bound by any alleged agreement of the parties.

V. This Visitation Agreement is made by and between the parents of the following children:

Agreed to this day of , 20 .