8 Things to Consider When Using the Collaborative Law Approach to Develop a Visitation Schedule, Part I

The biggest difference between litigation and collaborative law is the lack of an adversarial approach to collaborative proceedings. By removing the threat of litigation, collaborative law places both parties embroiled in a dispute in a venue in which they can consider the needs and goals of everyone involved rather than having to fight it out in court to achieve their own desires. This leads to the parties working together to find creative solutions that will work to suit the needs of both sides.

For this reason, collaborative law is incredibly effective for developing a visitation schedule when a couple with children gets divorced. In this two-part blog, we will detail eight important things each parent needs to consider when utilizing collaborative law to develop their visitation schedule.

1) Type of custody

Your visitation agreement could vary drastically based on the type of custody you establish with your ex spouse. Will you have sole or joint residential custody? Will your children have their permanent residence centered with one parent and regularly visit the other, or will custody be split evenly between the parents? You will have to establish which type of custody you are going to utilize before making any plans for visitation.

2) What will work best for the kids?

When it comes to collaborating with your ex on a visitation schedule, it is essential you both try to set your own emotions aside and think first about what will be best for the kids themselves. Is one parent clearly better suited to provide certain things? For example, one parent may live in their kids’ current school district while the other does not, and you may decide to establish their weekly residence at the home that allows them to remain at their current school and visit the other parent on the weekends.

3) Your ex’s needs

Collaborative law requires you to consider the goals and needs of your ex as well as your own. If a certain aspect of visitation is incredibly important to your ex, you will need to consider creative ways to grant them that aspect in concert with your own goals and needs.

4) Repeating schedule

This is the practical, repeating pattern of visitation that will dictate a vast majority of your schedule. Figure out when your visitation pattern begins to repeat, and then you will be able to tell whether you are on a two week pattern, four week pattern, six week, etc. Once you establish this, you can go through the entire calendar year and plan out when exactly your kids will be with each parent.

If you are facing a divorce and you believe collaborative law could be right for you, please contact Collaborative Divorce by Landerholm Law today. And be sure to check back soon for Part 2 of this blog where we will detail four more important considerations parents must make when using the collaborative law approach to develop a visitation schedule.

Written by Collaborative Divorce

Collaborative Divorce

Our passion is helping individuals like you resolve your divorce and family law challenges with as little stress as possible. We understand that this is a difficult time in your life and we strive to give you predictability and peace of mind throughout all legal proceedings. One of the key ways in which we deliver that experience is by customizing our approach to fit your exact needs.