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How to Allow Visitation During Divorce

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    • 1). Discuss temporary visitation with the ex-spouse. While passions run high in divorce proceedings, the parents and the court's focus should remain on the best interests of the child, including the involvement of both parents in the child's development. If the parents can come to an arrangement on visitation without a court's intervention, the visitation can begin immediately.

      Note that temporary visitation arrangements will not necessarily become the permanent, therefore a parent may agree to a temporary schedule without jeopardizing the final arrangement determination.

    • 2). Participate in mediation. Many states will encourage or order mediation between parents in regard to issues such as child visitation. If the parents cannot come to an agreement, a mediator may assist in developing an acceptable temporary visitation schedule. Mediation will not be particularly useful if there are allegations of abuse involved in the divorce proceedings.

    • 3). Draft a motion for temporary visitation. If an agreement cannot be made between the parents, the parent seeking visitation should file a motion for a temporary visitation arrangement. Include information in the motion on the extent of the existing relationship of the parent with the child and include detailed information on all efforts that have been made to come to a voluntary temporary visitation arrangement.

      If the court sees a parent has made reasonable attempts to come to a voluntary arrangement and that visitation is in the best interests of the child, it will likely grant the order, reserving the right to make a final arrangement order separate from the temporary order.

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