Sometimes courts do not
set out a definite visitation schedule but simply order "reasonable visitation".
In these cases the custodial parent decides what is reasonable. Since
that clearly invites argument between the parents, usually the court will
set out a definite visitation schedule.
(Major changes in Tennessee
law taking effect in 1997 are supposed to change the entire concept of
"custody" and "visitation" so that both parents take an active role in
"parenting" the child and have "shared responsibility" and have more nearly
equal and more frequent contact with the children. See Parenting
Planning for more on this, which only applies at the moment in six
of the state's most populated counties. But the legislature can pass
a law saying pigs can fly, and that won't make it so -- we're talking about
folks who could no longer stand each other, and passing a law saying they
will now get along for purposes of raising their child after the the parents
are no longer together does not make it so. Until I actually see
courts doing things different, my answer to the question above remains
as set out here.)
While the actual language
of visitation schedules and custody agreements will vary from case to case,
below is what I use as my model, in other words a starting point.
The reason I use this is not because I think it is the way things should
be done, but because the conditions set out in paragraphs A)I thru A)IV
and also paragraphs D, J and K, are fairly standard language for
custody Orders in Hamilton County if the parties can't agree on things
and a Judge has to decide it all.
What happens if a non-custodial
parent doesn't visit as scheduled?
There is no way the parent
can be required to visit... but if they don't the court is allowed to increase
child support, under the rationale that the non-custodial parent is not
bearing their share of the expense of feeding and caring for the child
as expected on the scheduled visitation dates.
model visitation schedule
1) Visitation:
A) Schedule: In addition
to whatever other visitation to which the parties might agree, the non-custodial
parent shall be entitled to custodial visitation every other weekend from
6pm Friday evening until 7pm Sunday evening, with visitation beginning
the first weekend AFTER the date this Agreed Order is entered for record,
and the non- custodial parent shall further receive visitation one weekday
evening for three hours as arranged by the parties during the week following
weekends when she has no visitation under this order. Holiday visitation
shall be as follows:
I. Odd year holidays: In addition to regular visitation, in
odd numbered years, the non-custodial parent shall have visitation with
the children as follows:
a) Easter Sunday weekend from 6pm Friday to 6pm Sunday.
b) July 4th from 6pm July 3rd until 6pm July 4th.
c) Thanksgiving weekend from 6pm on the Wednesday prior to Thanksgiving
until 6pm the Sunday following Thanksgiving.
d) From noon December 25th until noon January 1st.
e) In the same odd numbered years, the custodial parent shall have
physical custody of the children without interruption from the regular
non-holiday visitation schedule on those dates set forth herein for the
custodial parent's holiday visitation for even numbered years.
II. Even year holidays: In addition to regular visitation,
in even numbered years, the non-custodial parent shall have visitation
with the children as follows:
a) Martin Luther King Day from 6pm the day before Martin Luther King
Day until 6pm on Martin Luther King Day.
b) Memorial Day weekend from 6pm the day before the first day of the
legally recognized holiday weekend until 6pm the last day of that weekend.
c) Labor Day weekend from 6pm the day before the first day of the legally
recognized holiday weekend until 6pm the last day of that weekend.
d) From noon December 18th until noon December 25th.
e) In the same even numbered years, the custodial parent shall have
physical custody of the children without interruption from the non-holiday
visitation schedule on those dates set forth herein for the non-custodial
parent's holiday visitation for odd numbered years.
III. Birthdays: Regardless who might have custody of the children
according to the visitation schedule, each parent will be entitled to physical
custody of both children for one-half (1/2) day of either child's birthday,
and each parent shall be entitled to physical custody for one-half (1/2)
day on the birthday of that parent. One-half (1/2) day shall be defined
as at least five (5) hours of any day not a school day for the children,
and at least three hours of any day which is a school day for the children.
IV. Summer Visitation: The non-custodial parent shall receive two
(2) weeks of uninterrupted vacation during the period of the child's summer
vacation from school with a (6) weeks notice to the custodial parent.
V. Fathers' Day/Mothers' Day: Regardless who might otherwise be
scheduled to have the children on Father's Day, the Father shall have the
children for three hours, and on Mother's Day the Mother shall have the
children for three hours.
VI. Times: For any visitation for which starting and ending times
are not set forth herein, the custodial parent shall determine reasonable
times and provide written notice to the non-custodial parent at least 48
hours in advance. If the custodial parent fails to provide such notice
the non-custodial parent may determine a reasonable time by providing notice
to the custodial parent a minimum of four hours in advance.
B) Missed Visitation:
For any visitation missed by the non-custodial parent as a result of illness
of a child, or denial of visitation by the custodial parent, the non-custodial
parent shall be allowed an equal and compensatory period of on a weekend
or weekends to be chosen by the non-custodial parent.
C) Phone Calls: Each
party shall provide the other with his or her home phone number and home
address and each party shall be free to make reasonable calls to the children
when the children are in the other's physical care. The children
shall also be allowed to call either party at any time.
D) Alcohol/Drug Consumption:
Neither parent shall consume any alcohol or illegal drugs or have any alcohol
illegal drugs in his or her system while the child or children are with
them.
E) Recreational Activities:
During visitation with the child, the non-custodial parent shall make reasonable
efforts to maintain the established schedule of organized recreational
activities of the children, transporting the children to and from such
regularly scheduled activities.
F) Transportation:
The non-custodial parent shall be responsible for transporting the children
for any and all visitation so long as the custodial parent and the children
live within 25 miles from the Chattanooga City limits, but the custodial
parent shall share equally any expense of transporting the children for
any visitation if the custodial parent moves with the children more that
25 miles outside of the Chattanooga City limits. Either the non-custodial
parent or such parent's spouse or any other responsible, licensed adult
chosen by the non-custodial parent may pick up or deliver the children
for visitation, so long as the non-custodial parent notifies the custodial
parent in advance of anyone other than the non-custodial parent or such
parent's spouse picking up the children.
G) Forfeiture: The
custodial parent may consider as forfeited any herein scheduled visitation
for which the non-custodial parent such parent's agent fails to pick up
the children within 45 minutes of the scheduled starting time of such visitation.
However, if the non-custodial parent or such parent's agent arrives to
pick up the children more than 45 minutes after visitation has begun and
the children are still present, the non-custodial parent may still exercise
the remainder of the visitation period.
H) No Cancellation By
Child: No visitation under this Order shall be denied on the basis
of the child or children not wishing to take part in such visitation, though
the wishes of the children may be considered in the future if a Modification
of this Order is sought.
I) Enforcement: Either
party found to willfully and substantially violate this Order shall pay
all reasonable costs suffered by the other party in order to enforce the
Order or to bring the willful violation to the attention of the Court.
Though this does not require a finding of Contempt, and is to be independent
of any punishment for Contempt, minor or incidental violations of this
Order shall not trigger this paragraph.
J) Contact With Others:
Neither party shall at any time have unrelated overnight opposite sex guests
during any period when the child is with them.
K) Disparaging Comments:
Neither party shall at any time allow the child to be exposed to disparaging
comments about the other parent, regardless who is making the comments.
**for infants:
a. The noncustodial parent
shall receive visitation on alternating weekends beginning with the first
weekend AFTER the date the Judge signs this Agreed Order for entry, and
the noncustodial parent father shall further receive visitation one weekday
during the week following weekends when he has no visitation under this
order. Weekend visitation shall begin at 6pm Friday and end at 6pm
Sunday.
b. Until age five (5), after
giving one (1) month notice to Plaintiff, the noncustodial parent shall
receive one (1) week of vacation during any time of the year not otherwise
dealt with in this order.
c. After the child's fifth
birthday, the noncustodial parent shall receive all the above holiday visitation
and the weekend visits will be modified as follows: Four (4) hours
one weekday a week, and alternating every other weekend from Friday at
6:00 p.m. until Sunday at 6:00 p.m.
d. Before the noncustodial
parent takes the child out of town, he shall provide Plaintiff with a list
of phone numbers where he can be reached.
e. After age six (6) the
noncustodial parent shall receive one (1) week of uninterrupted vacation
during the period of the child's summer vacation from school with a (6)
weeks notice to Plaintiff.
f. For purposes of the regular,
non-holiday, visitation schedule "weekend" shall mean the noncustodial
parent's work schedule weekend when he has two consecutive days off from
his principal place of employment, and the definition of "weekend" shall
not be limited to Saturday and Sunday on the calendar, and "weekday" shall
be similarly defined. "Friday" and "Sunday" as used in the visitation
schedule shall similarly be defined by the noncustodial parent's scheduled
work week and not by the calendar. The noncustodial parent shall
provide the mother with at least three days notice of the day he will use
for his weekday visitation, and also of the days he will use for his weekend
visitation if his weekend visitation does not coincide with calendar weekends.