Delaware Child Visitation Lawyer

If you and your spouse have chosen to part ways, reach out to an experienced Delaware child visitation attorney who can help you fight for the visitation schedule you know is right.

When parents separate, things can get complicated for the entire family. Who will the children live with? Who will they spend holidays with? How often will they spend time with both parents? These are all questions that will need to be addressed when you and the other parent of your children are working out your custody and visitation schedules.

At Barros, McNamara, Malkiewicz & Taylor, we understand that coming to an agreement about these issues can be a challenge. A qualified Delaware child visitation lawyer from our firm will be able to advocate for your children’s best interests while you and the other parent determine a fair and reasonable parenting plan that meets everyone’s needs.

Custody Rights and Visitation in Delaware

Before parents begin to negotiate a workable visitation schedule in Delaware, they will first need to see if they can come to an arrangement regarding the custody of the children. Legal custody refers to which parent will be responsible for making decisions about the children’s health, education, and overall wellbeing. Physical custody refers to where the children are going to reside.

The parent the children will live with is called the custodial parent, while the other parent is called the non-custodial parent. The non-custodial parent is the one who may be given visitation rights. Both legal and physical custody can be described as joint or sole custody, with joint custody referring to shared decisions and time and sole custody referring to one parent having that responsibility.

Visitation is the quality time parents spend with their children, and Delaware courts strongly encourage that time be spent as equally as possible with both parents.

How Courts Consider Visitation Time

Before the courts step in to make decisions about the custody and visitation of parents and their children, they require that parents go through mediation to see if they can come to a reasonable agreement.

When an agreement cannot be reached, the courts will examine a variety of factors about the lifestyle and habits of both parents to determine what the best interests of the children would be. Some of these factors include the following:

• Employment status and work schedule
• Home’s proximity to the children’s school and friends
• Suitability of the home environment
• History of domestic violence or substance abuse

At a certain point, children are old enough to voice their own opinions about which parent they would prefer to live and spend time with. The judge will take into consideration what the children want as long as it is in their best interest to do so. During this process, a child visitation lawyer in Delaware can advocate for the plan you want.

A Visitation Schedule That Works for You

Once legal and physical custody have been decided, the parents will move on to the discussion of child visitation. In theory, your family can split time however it sees fit, as long as it is safe for the children. However, Delaware courts are concerned with making sure children spend equal time with each of their parents when a divorce or separation occurs.

There are many ways you can set up your visitation schedule. One of the most common schedules in Delaware child visitation cases is outlined below:

• The non-custodial parent has the children at his or her home overnight two days during the work week and every other weekend from Friday night at approximately 6 p.m. until Monday morning.
• The non-custodial parent is given two weeks of vacation time during the summer. Parents typically will divide holidays on even and odd years—one parent has the kids on Christmas and Easter in 2018, and the other parent has them for those holidays in 2019.

This is just an example of a visitation schedule that has been successful for our clients and their families. The plan can be adjusted accordingly when you attend your mediation session and after you speak with your child visitation attorney in Delaware.

Meet with a Delaware Child Visitation Attorney

When parents have made the decision to live apart because of a divorce or legal separation, things can often get messy when it comes to the child visitation schedule. Having a compassionate lawyer with Barros, McNamara, Malkiewicz & Taylor work for you can help ensure that the needs of your shared children are always the top priority.

You can schedule your case consultation with a Delaware child visitation lawyer by providing us your contact information through the form below or calling our office at 302-734-8400.