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San Jose Family Lawyer Talk about Reasonable Visitation

San Jose Family Lawyer Talk about Reasonable Visitation
When parties divorce with children involved, one of the biggest problems is the visitation schedule of the children. Ideally, the court wants both parents to spend equal time with the children. However, between school and work, the parents rarely can find an equal time share schedule. In some cases, when parents are on good terms, the parents may agree to a “reasonable visitation” schedule and not have any set days or exchange times.

Under a reasonable visitation schedule, the parents are basically agreeing that they will communicate with each other regarding schedules and try to ensure that each parent gets to spend quality time with the children. A reasonable visitation schedule would ensure that each parent sees the children frequently and with solid quality time. For example, each parent will get to see the children for a whole weekend and alternating holidays. Another example of a reasonable visitation plan is the right of first refusal, where the other parent has the option to care for the children if the first parent has to go away on a trip before a baby sitter is called.

However, there is no set standard as to what is a reasonable visitation plan. They will vary between each set of parents and each set of situations. Instead, it is easier to spot an “unreasonable visitation” plan. The following example was actually offered as a reasonable visitation. (Names and minute details have been changed to protect the innocent.)

Father may care for child on the second weekend of each month from Friday 7:00 P.M. and Sunday 7:00 P.M. Exchanges of the child will be at a café where a third a party will meet the father with the child. The third party may request a password from father at the time of drop off and the father may request the same at the time of pickup. The password is “lightening.” If father is more than 15 minutes late to receive the child, then visitation is cancelled. If father is more than 15 minutes late to return the child then the police will be called and father forfeits his visitations forever. Father is to say his good byes to the child prior to bringing the child to the café. Father is to give the child to the third party and walk away. Father is not to hinder the third party’s interaction with the child.

The actual offer continued on with even more specific restrictions down to the type of snacks and blankets to use with the child but were left out in case the reader believed this offer was too ludicrous to be real. However, this offer was actually made as a good faith attempt for reasonable visitation. Unless this father was a serial felon, this is not reasonable visitation. This example is extreme but it is a good example of when reasonable visitation is not going to be possible.

If you are having problems coming up with a visitation plan, please give Sagaria Law a call to schedule a consultation with one of their attorneys