Parenting Time: Types and Legal Perspectives
Parenting time refers to the schedule by which children live with their parents. This schedule is not dictated by a specific formula but is established based on each child's best interest. It evolves over time as the child's needs, interests, and desires change. In addition to the residential schedule, parenting time also encompasses the right to request and receive information about a child's health, education, and welfare.
Types of Parenting Time
Parenting time arrangements can take various forms, each with its unique features and considerations:
Reasonable Parenting Time
Often, when parents can agree, parenting time arrangements are flexible and open-ended. This can be achieved whether decision-making and parenting time are determined by an agreement between the parents or by court order. The agreement or order does not specify when or how often the parent with parenting time can spend time with their child. Instead, it simply states that one parent is to have decision-making responsibilities, and the other parent is to have "reasonable parenting time." This flexibility allows parents to work out an arrangement that is most convenient for them and can be easily adjusted if their circumstances change.
Fixed or Limited Parenting Time
In some cases, the terms of parenting time are fixed, either by a written agreement or by court order. The order or agreement outlines how often parenting time visits will occur, how long they will last, and may specify the exact times for the visits. Some orders also delineate where parenting time will occur or other conditions of parenting time.
Supervised Parenting Time
Under certain circumstances, a judge may order that another individual must be present when the parent with parenting time and the child are together. This third party might be a relative, a friend, a worker at a supervised parenting time center, or a Children’s Aid worker. Supervised parenting time is ordered when the judge has concerns about the parent's behavior during their time with the child. For instance, if the parent has a substance abuse problem, has a history of child abuse, or has threatened to take the child away from the parent with decision-making responsibilities, the judge might order supervised parenting time.
Refusal of Parenting Time
Only in the most extreme cases will a judge deny a parent parenting time. This might occur when serious child abuse has been proven, and the parent refuses treatment. It's important to note that a parent cannot refuse to pay child support because they cannot get parenting time or choose not to visit their child. Similarly, parenting time will not be denied because a parent fails to pay child support. In such cases, there are other means to secure support from a non-paying parent.
In conclusion, parenting time arrangements are multifaceted and require thoughtful consideration of various factors, with the child's best interest at the forefront. Whether flexible, fixed, supervised, or denied, the core objective is to ensure the child's welfare and maintain healthy parent-child relationships.
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