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How is visitation determined for a non-custodial parent?

On Behalf of | Mar 20, 2020 | Family Law

There are many couples in North Carolina who divorce each year. During the divorce process, the couple works on splitting the life they shared together into two separate lives. However, if the couple had children, they will not be able to completely separate their lives. Each parent will remain the parent of the children, which means they have a right to see their children and be in their lives.

This does not necessarily mean that each parent will have the same amount of time with the children. In many cases, there is one parent who has primary custody of the children, which means that they will be in their care the majority of the time. The non-custodial parent could still receive visitation with the children though. However, there is no set formula to determine the amount of visitation for the non-custodial parent. This is determined by analyzing a number of factors.

Factors used to determine visitation include the age of the children, how far apart the parents live from each other, the parents’ work schedules, the children’s schedules and other factors. Because of these factors, visitation could be different on weekdays compared to weekends. If parents live too far apart from each other, for instance, it may not be possible to have the children overnight during the week because the parent would not be able to get them to school on time and then get to work. Also, visitation can include holidays and other special times.

Visitation determinations in North Carolina can be agreed to by the parents if they can work together to determine what is best for the children. If they cannot do this on their own, they may be able to do so through mediation. However, if they are still not able to make the decision, ultimately a judge will make it for them and determine the visitation schedule. These are very complicated and personal matters. Consulting with an experienced attorney could be beneficial.