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STANDARD
VISITATION GUIDELINES
Parents are encouraged to create an agreed
equitable written visitation schedule that fits their circumstances and
their children's lives, with the following serving as a schedule when the
parents cannot agree. Nothing herein prohibits the parents from changing
the schedule upon mutual agreement. In the event of conflicting dates and
times, the following is the order of priority: holidays; birthdays; summer
visitation and school breaks; weekend; then weekdays. This schedule presumes
that if the parents have more than one child, the visitation will be exercised
with all children together.
If a child indicates a
strong opposition to being with the other parent, it shall be the responsibility
of both parents to appropriately deal with the situation by calmly discussing
with the child his or her reasons, and to work together to alleviate these
misgivings without confrontation or argument. If they cannot resolve the
problem, the parents shall seek the immediate assistance of a counselor
or other professional, or may file a motion requesting Court-ordered counseling.
It is the absolute affirmative duty of the residential parent to foster
an environment which avoids such problems and to make certain that the
children go for visitation.
- WEEKENDS: Except during the time periods identified as
Winter and Spring breaks, as well as summer visitation, the nonresidential
parent shall have visitation on alternate weekends from Friday at 6
p.m. until Sunday at 6 p.m., beginning ___________________, _____.
- WEEKDAY: Except during the time periods identified as
Winter and Spring breaks, as well as summer visitation, the nonresidential
parent shall have visitation from 5 p.m. until 8 p.m. each Wednesday
evening, beginning ___________________, _____.
- HOLIDAYS: ________ shall have the children on the holidays
in Column 1 in odd-numbered years and the holidays in Column 2 in the
even-numbered years. ________ shall have the children on the holidays
in Column 1 in the even-numbered years and the holidays in Column 2
in odd-numbered years:
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Column 1
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Column 2
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Easter or other religious holidays
Fourth of July
Halloween
Christmas Day
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Memorial Day
Labor Day
Thanksgiving Day
Christmas Eve
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With the exception of Christmas and
Halloween visitation, holiday visitation shall be from 9 a.m. until
6 p.m the day of the holiday. Halloween visitation shall begin at
5 p.m. and end at 8 p.m. on Halloween. Christmas Eve visitation shall
begin at 6 p.m. on December 24th and end at noon on December 25th.
Christmas Day visitation shall begin at noon on December 25th and
end at 6 p.m. on December 26th. When a holiday falls on a Monday immediately
following a visitation weekend, the visiting parent shall be entitled
to keep the children continuously from 6 p.m. Friday until 6 p.m.
Monday.
- OTHER: _______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
- MOTHER'S/FATHER'S DAY: On Mother's Day and Father's
Day, no matter whose turn for visitation, the children shall be with
the appropriate parent from 9 a.m. until 6 p.m.
- BIRTHDAYS: In odd-numbered years, ________ shall have
all the children on each child's birthday from 5 p.m. until 8 p.m. In
even-numbered years, ________ shall have the children on their birthdays.
- SCHOOL BREAKS (Winter and Spring): In odd-numbered years, ________
shall have all the children for all breaks from school starting at 9
a.m. the day after school recesses until 6 p.m. the day before school
resumes. ________ shall have the children for school breaks in even-numbered
years.
- SUMMER VACATION: The nonresidential parent shall have
visitation for five weeks (35 days) each summer. Summer visitation shall
be taken in increments of no greater than two (2) weeks (14 days) or
less than one (1) week (7 days), unless otherwise agreed, and shall
not be extended because other visitation days fall within the chosen
summer visitation weeks. The nonresidential parent shall give the residential
parent written notice of summer visitation plans between March 1 and
April 1 of each year. The nonresidential parent has priority of choice
of summer visitation dates if notice is given as required and unless
the residential parent's vacation is an annual mandatory shut-down of
the place of employment. If no notice is given by April 1, the residential
parent has priority in the scheduling of any summer vacation plans and
the nonresidential parent may choose only those weeks in which the residential
parent is not scheduled to be out of town on visitation with the children.
The residential parent shall be entitled to up to two (2) weeks for
an actual visitation, which shall not be interrupted by any conflicting
visitation times. Each parent shall provide the other parent with destination,
times of departure and arrival, method of travel and telephone number
where the parent can be reached in case of an emergency when taking
the children outside the parent's community.
- LATE PICK-UP: The residential parent shall have the
children ready for pickup at the start of all visitation periods. The
children and the residential parent have no duty to wait for the nonresidential
parent to arrive for visitation more than thirty (30) minutes, unless
notified. The nonresidential parent who arrives more than thirty (30)
minutes late without prior notification for a particular visitation,
forfeits that visitation, unless the residential parent agrees otherwise.
- DROP-OFF: The nonresidential parent will not return
the children early from visitation unless the parents agree to a different
drop-off time in advance. The residential parent or other adult well-known
to the children must be present when the children are returned from
visitation.
- CANCELING VISITATION: Except in emergency situations,
the nonresidential parent must give at least twenty-four (24) hours
advance notice when canceling a visitation period.
- MEDICAL TREATMENT AND EMERGENCIES: If the children become
seriously ill or injured, each parent shall notify the other parent
as soon as practicable. If the children become ill or injured during
visitation, the nonresidential parent shall contact the residential
parent to secure treatment unless the situation is a medical emergency.
- TELEPHONE/MAIL: Neither parent shall interfere with
telephone or mail contact between the children and the other parent.
Long distance calls from an out-of-town parent shall be at that parent's
expense.
- TRANSPORTATION: The nonresidential parent has responsibility
for transportation of the children to and from their home for visitation
periods and may use another adult well-known to the children for picking
up or dropping off the children when necessary. Any person transporting
the children may not be under the influence of alcohol or drugs, and
must be a licensed, insured driver. All child restraint and seat belt
laws must be observed by the driver. Car seats should be exchanged when
required.
- SCHOOL WORK: Parents shall provide time for children
to study and complete homework assignments, even if the completion of
work interferes with the parent's plans for the children. The residential
parent is responsible for providing the nonresidential parent all of
the school assignments and books. Summer school which is necessary for
a child must be attended, regardless of which parent has the child during
the summer school period.
- EXTRACURRICULAR ACTIVITIES: Regardless of where the
children are living, their continued participation in extracurricular
activities, school related or otherwise, should not be interrupted.
The parent with whom the children are visiting shall be responsible
for providing transportation to activities scheduled during visitation
with that parent. Each parent shall provide the other parent with notice
of all extracurricular activities, complete with schedules and the name,
address and telephone number of the activity leader, if available.
- OUT-OF-STATE RELOCATION: Upon relocation of the children
from the State of Delaware, the parents should attempt to agree to a
modified visitation schedule. If the parents cannot agree, the parent
who is moving shall file a petition asking the Court to modify the visitation
schedule. The Court may consider the allocation of transportation expenses.
- NOTICE OF CHANGE OF ADDRESS: Both parents shall give
written notice to the other parent immediately upon any change of address
and/or phone number, unless a restrictive order has been obtained from
the Court. A copy of the notice shall also be provided to the Family
Court, ________________ County Courthouse, ______________________, __________________,
Delaware, ____________.
(revised 2/13/2003)
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