Motion to Establish Parent-Time

When parents are unable to agree on a custody and parent-time arrangement, one party may file a motion to establish parent-time. This motion asks the court to set a formal schedule that dictates when each parent will spend time with the child or children. The motion is typically filed during or after a divorce or separation, but it can also be filed in other situations where custody is in dispute.

The motion to establish parent time will outline the proposed schedule, including details such as regular visitation, holidays, and vacations. The court will consider the best interests of the child(ren) when reviewing the motion, taking into account factors such as the child(ren)’s age, the relationship with each parent, and any special needs the child(ren) may have. The opposing party has the right to respond to the motion, either agreeing to the proposed schedule or presenting an alternative plan.

A hearing is usually scheduled to discuss the motion, during which both parties can present evidence and arguments supporting their positions. The court may also consider input from other professionals involved in the case, such as a custody evaluator or Guardian ad Litem. Once the court makes a decision, the parent-time schedule becomes a binding part of the final orders in the case. This schedule is enforceable by law, and failure to comply can result in legal consequences.