When you are going through an uncontested divorce in Alabama involving minor children of the marriage, one of the many considerations, once custody issues are determined, is what type of visitation schedule the non-custodial parent will have. Usually, one parent is the parent that the children live with most of the time and the other parent has a visitation schedule detailing when and under what circumstances they can receive visitation.
Most counties have a “standard” visitation that can be used in that county and will be approved by the courts since the schedule was created and is used as a template for what is the standard schedule in that county. Most of these “standard” visitation schedules are similar from county to county and include such things as visitation every other weekend from Friday night until Sunday night, visitation for two to four weeks during the summer vacation, and other such types of visitation. For example, in most counties in Alabama it is “standard” to have clauses concerning the child’s birthday, Father’s Day, Mother’s Day, Summer Vacation for the child, Spring Break, Christmas break, and every other weekend.
However, you and your spouse can deviate from this in any way that you want in a divorce agreement reached during a pending divorce or in an uncontested divorce, as long as the judge in your particular case approves your agreement. The more unusual that your visitation schedule is the more it might be scrutinized by the court in your case. If a judge thinks that it might not be in the best interest of the children, than that particular court might not approve your agreement that includes that visitation schedule in it. One example of this might be where one party lives in another state, but you have visitation being every other weekend from Friday to Sunday. This might not be possible and not in the best interest of the child to travel every other weekend, depending on how far away the other parent is living. Also, if the child is very young (perhaps one year old or younger) then it might not be best for the infant to be spending the night at the non-custodial parent’s house over the weekend and some other type of visitation worked out instead.
In an uncontested divorce, it is best to use whatever visitation schedule you have come up with that works best for you and the children and as long as it is not something that could be considered not in the best interests of the children, than it should be approved by the court in your case. Our Montgomery, Anniston, Birmingham, Decatur, Alabaster, and Huntsville divorce lawyers know what types of things in a visitation schedule can cause potential issues with judges and will be able to alert you to any potential issues concerning your potential visitation schedule that you and your spouse have agreed to.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!