Moriarty & Dee, Attorneys at Law, in Buffalo, New York.

Visitation Guidelines:

These guidelines were originally formulated by the Hon. Richard H. Jorzak, Chief Judge of the Domestic Relations Court, Cook County, Chicago, Illinois. Please note that these are guidelines only. Every case is different and may require substantially different time allotments.

PARENTS SHOULD BE AWARE THAT:

1. Conflicts over visitation often stem from prior, unresolved marital problems and serve not only to undermine the parents' relationship with the child, but often burden the child with a sense of responsibility for the conflicts.

2. Visitation is arranged so that the child may continue to experience a nurturing relationship with both parents. Thus, the pattern of visitation agreed upon should meet the particular needs of the child and not simply those of the parent. It should reflect also the parents' willingness to adapt to the changing developmental needs and circumstances of the child.

3. Visitation commitments should be kept; only real emergencies should justify cancellation. If changes must be made, it is the responsibility of the parent making the changes to explain to the child and the other parent the reasons necessitating such change.

4. Issues of child support should not be confused with the visitation schedule, and one matter must not be used manipulatively to gain advantage in another area.

5. A visitation situation will require a substantial period of adjustment for both the child and the parents.

6. Work schedules, schools and child care facilities available to each parent must be considered in planning a visitation schedule.

7. Telephone calls to the child from parents in the same community are expected to be frequent and at a reasonable time. Parents living out of the community should make long distance calls as finances permit, preferably on a regular schedule.

8. For families with more than one child, these guidelines will require additional adjustments in order to meet the respective needs of each child.

INFANT TO AGE TWO:

1. One to two hours at least once a week, preferably in the home of the custodial parent.

2. Visits away from the custodial home may be initiated after the age of eight months, beginning with three hours and increasing gradually to a maximum of six hours. During this period, a brief (one to two hours) mid-week visit in the custodial home may be considered.

3. Overnights should be considered only if the non-custodial parent has been an active participant in the ongoing daily care of the infant including feeding, changing, bathing, and caring for illnesses.

PRE-SCHOOL AGE (THREE TO FIVE YEARS):

1. One full day each weekend, or

2. If the child is accustomed to independent time with the non-custodial parent, alternate weekends consisting of two days and the night in between may be scheduled. To provide consistency, these should be scheduled routinely for either the first and third, or second and fourth, weekends.
3. At least one mid-week visit of two to three hours away from the custodial home.

4. The child should always be returned at least one hour before bedtime.

5. One to two weeks during the non-custodial parent's available vacation period.

GRADE SCHOOL AGE (SIX TO TWELVE YEARS):

1. Alternating weekends, Friday nights to Sunday nights, to be scheduled routinely for either the first and third or second and fourth weekends.

2. At least one mid-week visit from after school to one hour before bedtime.

3. The child should always be returned at least one hour before bedtime.

4. These visits should be flexible enough not to deprive the child of participation in special events. When appropriate, the non-custodial parent may be responsible for taking the child to these activities during the visitation period.

5. Summer Vacations:

A. For the child six to nine years, four weeks.

B. For the child ten to twelve years, four to six weeks, either consecutively, or split into two-three week segments.

The child should be returned to the custodial home at least one week prior to the first day of school.

ADOLESCENCE (THIRTEEN TO EIGHTEEN YEARS):

1. At this age, criteria for visitation should be flexible.

2. Parents should be sensitive to the importance of the adolescent's peer and social activities.

3. Frequent communication and flexible visitation should be encouraged.

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