Also known as:residential times · parenting time · visitation
Written by attorneys · grounded in primary & secondary sources — see below
Time allocated for a child to reside with a parent or other person under a custody or visitation order. The allocation receives constitutional protection when it implicates a fit parent's fundamental right to direct the child's upbringing.
Sources & Authorities· 20 primary sources
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Cases
Statutes
Uniform Acts
Restatements
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How it applies
Common Examples
6
Grandparent Visitation Petition
Ronald Reed, a fit parent with sole custody of his daughter, limits overnight visits with the maternal grandparents. The grandparents petition under a state statute allowing any person to obtain visitation based solely on a judge's best-interests finding. The trial court grants the petition without according special weight to Ronald's decision. The order violates due process because the statute fails to presume that a fit parent acts in the child's best interests.
Separation Agreement Provisions
Raphael Rivera and Rhea Reynolds sign a written separation agreement that sets alternating weeks of residential time with their two children. The agreement also divides property and provides maintenance. When Raphael later files for dissolution, the court reviews the residential-time terms separately from the property and maintenance provisions.
Out-of-State Schedule Enforcement
Rita Russell obtains a State K order containing a specific alternating three-day weekend residential-time schedule for her former spouse. After she relocates to State L, the former spouse refuses the scheduled weekends. The State L court issues a temporary order enforcing the exact schedule from State K even though it lacks modification jurisdiction.
Arbitration of Parenting Time
Rachel Ramirez and Regina Robinson submit their dispute over residential time with their child to family-law arbitration. The arbitrator treats the matter as a child-related dispute and issues an award allocating specific weeks of residential time to each parent.
Unconscionable Agreement Review
Ronald Reed and Raphael Rivera sign a separation agreement that sets residential time on alternating weeks. After an audit reveals one parent undervalued retirement assets, the court examines the parties' economic circumstances and finds the property and maintenance terms unconscionable while leaving the residential-time provisions for separate consideration.
Nonspecific Provisions Enforcement
Rhea Reynolds obtains a State K order that allows additional residential time as the parties agree through a communication app. After relocation, the other parent blocks app access. The State L court issues a temporary order restoring the agreed mechanism for exercising the nonspecific residential-time provisions.
Common questions
Frequently Asked
5
How does residential time differ from physical custody?+
Residential time refers to the periods a child resides with a parent or other person under a court order. Physical custody encompasses both the right and responsibility to provide day-to-day care during those periods. A parent may hold physical custody while the other exercises residential time.
Supporting sources
Does a fit parent's decision about residential time receive constitutional protection?+
Yes. The Due Process Clause protects a fit parent's fundamental right to direct the care, custody, and control of a child. A statute that permits any person to obtain residential time based solely on a judge's best-interests determination, without according special weight to the fit parent's choice, is overbroad and unconstitutional.
Can parties include residential time in a separation agreement?+
Yes. A written separation agreement may contain provisions for the custody and visitation of children, including the allocation of residential time. The court reviews those terms separately from property and maintenance provisions and is not bound by them if they are unsatisfactory.
Supporting sources
May a court without modification jurisdiction enforce another state's residential-time order?+
Yes. A court lacking modification jurisdiction may issue a temporary order enforcing a specific visitation schedule or the visitation provisions of another state's child-custody determination. The temporary order must specify a reasonable period for the petitioner to seek relief in a court with proper jurisdiction.
Supporting sources
What happens when a separation agreement's residential-time terms are found unconscionable?+
The court is not bound by unconscionable terms concerning support, custody, or visitation. It may request a revised agreement or issue its own orders addressing those subjects after considering the parties' economic circumstances and other relevant evidence.
Supporting sources
agreements"). Since, so far as one can tell, JUSTICE BRENNAN's approval of applying the in-state service rule in the present case rests on the presence of all the factors he lists, and on…
parenting time
take place in Bergholz, Ohio.” Losing Wilma’s children brought the Bergholz community to its knees and sparked a…
rights; interests in life insurance, community property, tax refunds, and tax liabilities; and the disposition of other property rights.[^maj-4] The processing of court papers—apparently…
Family LawChild custody · Standards for decisionUBEIntermediate