Navigating Parenting Time
Parenting time, also commonly known as visitation, is a vital component of any family law case involving minor children. It can be a complex, sensitive issue, especially when parents are young or inexperienced.
Parenting time negotiation is not just about advancing the interests of a particular parent. Lawyers, while representing their client, should also abide by the Rules of Professional Conduct (Chapter 5). This rule emphasizes that in proceedings affecting a child's health, welfare, or security, the lawyer should advise their client to consider the best interests of the child, provided it doesn't prejudice the client's legitimate interests.
When it comes to infants and toddlers, the courts have generally moved away from the notion that overnight parenting time is unsuitable for very young children.
The parties involved are often very young parents, perhaps first-time parents, who may be dealing with unexpected pregnancies and conflicted relationships. The unfamiliarity and nervousness about parenting are often exacerbated by conflict with the other parent.
Parents must remind a hesitant mother that she likely had no more experience with babies before the birth of her first child. She might have attended prenatal classes, which prepared her somewhat. Fathers can be encouraged to attend a parenting course covering the same basics as those taught in prenatal classes. This initiative can build the father's confidence and alleviate the mother's concerns.
When the mother trusts the paternal grandparents or other paternal relatives, it might be suggested that the father's parenting time be in their home. If the grandparents are more interested in parenting time, it's not necessarily a bad thing as they may be more reliable caregivers.
Parenting time schedules should be designed around the baby’s routine. When drafting pleadings, the baby's schedule should be included, and any parenting time proposal should be demonstrably designed around it. It may also be helpful to suggest parenting time that benefits the mother, like an evening when she wishes to take a class.
While a child in this age range is too young to express views and preferences, social science research shows the need for infants and very young children to have frequent contact with both parents to develop a bond with each of them. Lawyers should encourage the father to learn the baby's routine and be supportive of the mother's routine.
In conclusion, navigating parenting time requires a delicate balance of representing a client's interests while considering the child's best interests. Lawyers have a crucial role in guiding young parents through this process, helping them understand the importance of shared parenting, and ensuring the child's well-being is placed at the forefront of any decisions.
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