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Form to Establish a Visitation Schedule

 

_________[Name], _________[wife or husband], shall have the care, custody and control of _________[name], born _________[date], now _________ years of age, the minor child of the parties. _________[Name], _________[husband or wife], shall have the right of visitation with the child as follows:

SECTION ONE.

WEEKENDS

_________[Husband or Wife] shall have visitation on alternate weekends, commencing _________[date].

Weekend visitation shall begin at _________[time] on _________[Friday] and end at _________[time] on _________[Sunday].

If any weekend provided for in this section includes any day, or falls during any weekend or other time period provided for in Sections Two through Four or Section Six below, the visitation provisions of that section shall govern.

SECTION TWO.

HOLIDAY WEEKENDS

A "holiday weekend" is a weekend in which the immediately preceding Friday or following Monday is an official holiday observed by the school attended by the child, such as (but not limited to) Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, the Fourth of July, Labor Day, Columbus Day and Veterans' Day.

_________[Husband or Wife] shall have visitation on the _________[specify] holiday weekends in _________[even-numbered years], and on all other holiday weekends in _________[odd-numbered years]. If the designated holiday is a _________[Friday], the holiday weekend shall begin at _________[time] on _________[Thursday] and terminate at _________[time] on _________[Sunday]. If the designated holiday is a _________[Monday], the holiday weekend shall begin at _________[time] on _________[Friday] and end at _________[time] on _________[Monday].

SECTION THREE.

EVEN-NUMBERED YEARS

In even-numbered years, _________[husband or wife] shall have visitation on the child's birthday, and during _________[Thanksgiving and New Year's]. For this purpose, the child's birthday shall begin at _________[time] the day preceding the child's actual birthday and end at _________[time] on the child's actual birthday; _________["Thanksgiving" shall begin at _________(time) on the Wednesday before Thanksgiving Day and end at _________(time) on the following Sunday]; and _________["New Year's" shall begin at _________(time) on December 28 and end at _________(time) on the day before the first day of school following the child's Christmas-New Year's or winter school recess]. If the child's birthday in an even-numbered year falls on a weekend on which _________[husband or wife] would have visitation under Sections One or Two above, visitation shall be governed by either of those sections.

SECTION FOUR.

ODD-NUMBERED YEARS

In odd-numbered years, _________[husband or wife] shall have visitation during _________[Easter and Christmas]. For this purpose, _________["Easter" shall begin at _________(time) on the last day of school preceding the child's Easter or spring school recess and end at _________(time) on the day before the first day of school following that recess], and _________["Christmas" shall begin at _________(time) on the last day of school preceding the child's Christmas-New Year's or winter school recess and end _________(time) on December 28].

SECTION FIVE.

_________[FATHER'S or MOTHER'S] DAY

Each year, if _________[husband or wife] would not have visitation on _________[father or mother]'s Day under any other section of this visitation schedule, _________[husband or wife] shall have visitation beginning at _________[time] on the day preceding _________[father or mother]'s Day and ending at _________[time] on _________[father or mother]'s Day.

SECTION SIX.

SCHOOL VACATIONS

Each year, _________[husband or wife] shall have visitation during the child's school summer vacation, for a period of _________ weeks.

On or before _________[April 1] of each year, the parties shall agree on the inclusive dates for that year of the visitation provided for in this section, or shall on properly noticed motion obtain a court order specifying those dates.

In any year in which the parties have neither so agreed nor so obtained a court order, the visitation provided for in this section shall begin at _________[time] on _________[date, for example: the last Friday in July] and end at _________[time] on _________[date, for example: the fourth Sunday afterward].

SECTION SEVEN.

PICK-UP OF CHILD

At the time specified in this agreement for the beginning of each period of visitation, _________[husband or wife] shall pick up the child at _________[wife or husband]'s residence.

At the time specified as the end of each period of visitation, _________[wife or husband] shall pick up the child at _________[husband or wife]'s residence.

On _________ hours' prior notice to the other, either mother or father may designate another person to pick up the child on a specific occasion.

SECTION EIGHT.

ILLNESS OF CHILD

If the child is too ill for visitation, the then-custodial parent shall so notify the then noncustodial parent at least _________ hours in advance.

On demand of the then noncustodial parent within _________ hours after such notification, the then-custodial parent shall within _________ days of the demand provide the then noncustodial parent with written verification of the illness by a licensed medical practitioner.

Days of visitation missed due to illness of the child shall be made up by visitation for an equal number of days. The days on which visitation is to be made up shall be specified by the then noncustodial parent, but unless the then noncustodial parent consents, the days so specified may not conflict with the provisions respecting visitation on _________[holiday weekends, Easter, Thanksgiving, Christmas or New Year's].

SECTION NINE.

ILLNESS OF _________[husband or wife]

If the then noncustodial parent is too ill for visitation, the then noncustodial parent shall so notify the then-custodial parent no later than _________ hours before the time for visitation to begin as specified above.

A specific period of visitation is waived if the then noncustodial parent, or the person designated by the then noncustodial parent in accordance with Section Seven, fails to appear to pick up the child within _________ minutes after the time specified for the beginning of that period of visitation.

Days of visitation missed because of the then noncustodial parent's illness or failure to appear may not be made up.

SECTION TEN.

CHILD'S CLOTHING

The then-custodial parent shall provide suitable clothing for each period of visitation. This clothing shall be returned by the then noncustodial parent at the end of each period of visitation.

This provision does not prohibit the then noncustodial parent from furnishing clothing for the child, and keeping that clothing in the then-custodial parent's possession between periods of visitation.

SECTION ELEVEN.

TELEPHONE COMMUNICATIONS WITH CHILD

_________[Husband or Wife] shall be permitted to contact the child by telephone _________ times per _________[week] when the child is with _________[wife or husband].

_________[Wife or Husband] shall be permitted to contact the child by telephone _________[once every two days when the child is with _________(husband or wife) for more than three days].

All telephone contact must occur between _________[time] and _________[time]. "Contact" means actual conversation with the child for at least _________ minutes and no more than _________ minutes. Except for the purpose of answering the telephone, neither mother nor father may listen to or otherwise participate in any such contact between the child and the other party without the express consent of the child and the other party.

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