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CHILD VISITATIONS

Child visitation is without a doubt one of the most emotional sides to a family break-up. Even though you and your spouse may not be able to get along, the two of you must still work together and be cordial for the benefit of your child or children.

If you and your spouse have children together, then you must realize your spouse or ex-spouse will still be "in your life" to some degree even after a divorce or dissolution of the relationship.    

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TYPES OF VISITATIONS

Normally when one parent has physical custody of the child(ren), the other parent receives some type visitation rights. The "visiting parent" is responsible for the "pick-up and drop-off" of the child(ren). When the "visiting parent" has the child(ren) in his /her custody during their visitation periods they are "exercising their visitation rights".

Child Visitation agreements vary widely and can be designed to fit the parents' and child(ren)'s life schedules.

It is better for the parents to design a visitation schedule than have the courts design one for you. Because, your child(ren) and your former spouse or partner will be "in your life" at least until the child(ren) turns 19 years old, it is very important to have an competent attorney set down with you and design a sound visitation schedule or vigorously fight for your interests in court.

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  STANDARD VISITATIONS

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The State of Alabama does not have visitations which the law specifically requires or sets out. However, each county has adopted what is considered standard visitations. The standard visitations vary from county to county. To cut down on the variations of standard visitations many counties have started adopting the following ( in some form ) as a standard.

For Children over 3 years old:

( a ) The first and third full weekends of each month from 6:00 p.m. on Friday until 6:00 p.m. the following Sunday; (The first weekend of the month beginning on the first Friday of each month.)


( b ) Each Christmas Day from 3:00 p.m. until 3:00 p.m. on the following New Year's day;


( c ) Thirty-one (31) days during the summer (to be taken between June 10th and August 15th), to be selected by the (Father / Mother) but upon written notice to (Mother / Father) at least thirty (30) days in advance of child’s visitation;


( d ) During the odd years, A.E.A. (Spring Break) vacation from 9:00 a.m. Saturday until the following Saturday at 6:00 p.m.;


( e ) During the even years, Thanksgiving vacation from 6:00 p.m. on Wednesday until Sunday at 6:00 p.m.;


( f ) Every other birthday of the child from 6:00 p.m. on said date until 8:00 a.m. of the following day, beginning with the next Birthday;


( g ) Every (Father's / Mother's) Day from 9:00 a.m. until 6:00 p.m. of the same day;

( h ) On the birthday of the (Father / Mother) from 3:00 p.m. on said date until 8:00 p.m. of the same day;

( i ) At such other times as agreed upon between the parties. Each parent shall keep the other informed on a current basis as to the primary residence address and telephone number where the child resides or visits.

 

For Children between 1 year and 3 years old:

The (Husband / Wife) shall have the right of visitation with any child(ren) of the parties who is (are) over the age of twelve (12) months and under the age of three (3) years, as follows:


(a) On the first and third Sunday of each month from 8:00 a.m. until 6:00 p.m.. (The first weekend of a month beginning on the first Friday of each month);


(b) On the the birthday of the said child(ren) from 6:00 p.m. until 8:00 p.m.;


(c) On each Christmas Day from 10:00 a.m. until 6:00 p.m.;


(d) On (Mother's Father's) Day from 12:30 p.m. until 6:00 p.m.;


(e) On the birthday of the (Husband Wife) from 6:00 p.m. until 8:00 p.m.;


(f) At such other times as agreed upon between the parties.


Each parent shall keep the other informed on a current basis as to the primary residence address and telephone number where the child(ren) reside(s) or visit(s).

 

For children under 1 year old:

The (Husband / Wife) shall have the right of visitation with any child of the parties, under the age of twelve (12) months as follows:


(A) On the first and third Sunday of each month, at the place here the child lives. The periods of visitation shall be limited to three (3) hours in duration;


(B) On Christmas Day, at the place where the child lives for three (3) hours in duration in the afternoon;


(C) The (Husband Wife) shall notify the (Husband Wife) of the hours of the intended visit not less than one (1) week prior to the day of said visitation.


Each parent shall keep the other informed on a current basis as to the primary residence address and telephone number where the child resides or visits.

NOTE: Remember the above schedules are for references only.

 

If you have a Child Visitation issue, please don't hesitate to contact

us by phone (1-866-239-0915 toll free) or e-mail

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