How is Parenting Time Determined in a Divorce?

When parents have decided to get a divorce but nothing has been done in court yet, they may not agree on what parenting time schedule should be used or who should stay in the home until all is said and done. Other parties are able to agree temporarily on those issues, but do not agree on how it should be decided for a final resolution.

When parents cannot agree on a temporary parenting time schedule, the court is usually involved. Either party is able to request a hearing to set temporary parenting time. It is temporary because it is subject to change once the divorce is final, but it gives the parents a guideline to follow for what parenting time schedule to follow. This helps give stability to the children, as the parents are not going to continually fight over which day each of them will have the children at their residence.

Temporary hearings are available to address almost every issue in your divorce. While it is all subject to change, temporary arrangements do help settlement negotiations to progress. Judges are not bound by what they temporarily award for custody, but it often is a good indication of what the judge would award if the issues are brought before the court for a trial.

While they are helpful tools to have, temporary hearings are not used in every case. Many times the parties are able to agree enough to handle a temporary schedule and they are not forced to bring the issue into court early in the proceedings. They are used more often in cases where the parties are unable to communicate and agree on what is in their children’s best interests.