Form to Establish a Visitation Schedule

Sample Visitation Schedule Agreement

If you are going through a divorce or separation and have children, you'll want a formal visitation schedule in place in order to facilitate an orderly schedule for you, your child, and your former spouse. If you are attempting to come up with a plan of parental visitation time, below you will find a sample form to establish a visitation agreement.

_________________[Name], hereinafter referred to as "Parent 1," and _________________[Name], hereinafter referred to as "Parent 2," hereby agree to the following:

_________[Parent 1 or Parent 2], shall have the care, custody and control of _________[name], born _________[date], now _________ years of age, the minor child of the parties. _________[Parent 1 or Parent 2], shall have the right of visitation with the child as follows:

SECTION ONE.

WEEKENDS

_________[Parent 1 or Parent 2] 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.

_________[Parent 1 or Parent 2] 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, _________[Parent 1 or Parent 2] 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 _________[Parent 1 or Parent 2] 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, _________[Parent 1 or Parent 2] 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 _________[Parent 1 or Parent 2] would not have visitation on _________[Father or Mother]'s Day under any other section of this visitation schedule, _________[Parent 1 or Parent 2] 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, _________[Parent 1 or Parent 2] 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, _________[Parent 1 or Parent 2] shall pick up the child at _________[Parent 1 or Parent 2]'s residence.

At the time specified as the end of each period of visitation, _________[Parent 1 or Parent 2] shall pick up the child at _________[Parent 1 or Parent 2]'s residence.

On _________ hours' prior notice to the other, either parent 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 _________[Parent 1 or Parent 2]

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

_________[Parent 1 or Parent 2] shall be permitted to contact the child by telephone _________ times per _________[week] when the child is with _________[Parent 1 or Parent 2].

_________[Parent 1 or Parent 2] shall be permitted to contact the child by telephone _________[once every two days when the child is with _________(Parent 1 or Parent 2) 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 parent 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.

Additional Resources

If you have more questions about child visitation and want to do some further research, click on the links below to learn more:

Need Help With Your Child Custody and Visitation Case? Contact a Local Attorney

If you have been thinking about a reasonable visitation schedule, but aren't sure how to go about drawing up the paperwork or even communicating with your former partner, you should have a legal expert on your side. A skilled child custody attorney can counsel you on the laws of your state, help you form a visitation schedule, and even negotiate with your ex's attorney.

Next Steps

Contact a qualified child custody attorney to make sure your rights are protected.

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