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Guidelines for Custody and Visitation Schedule "B"
(provided by James Wilson Douglas)
(To the extent of differentiation from Schedule 'A' only) IV
Whenever "reasonable visitation" for a non-custodial parent appears in an entry, it shall be defined as providing at a minimum for:
(1) For seven weeks during the summer vacation from school, beginning on the first Sunday after school lets out to the Sunday seven weeks later, subject to the custodial parent's right to visit with the children for one weekend during the extended visitation with the non-custodial parent. If the non-custodial parent is admitted to a hospital or residential treatment facility for a period of more than two days for reason other then pregnancy or childbirth, then the non-custodial parent shall immediately notify the custodial parent, and the custodial parent may pick the children up any time thereafter, even though the non-custodial parent has not enjoyed full seven-week summer visitation;
(2) On Labor Day Weekends;
(3) On alternating Thanksgiving, Christmas and Easter vacations from school, beginning with Easter and Christmas vacations from school in 1990, Thanksgiving vacation from school in 1991, Christmas and Easter vacations from school in 1992, Thanksgiving vacation from school in 1993, and alternating school vacations each year thereafter.
For 48 hours on the third full weekend of the following months: January, February, May, September, and October; in years when the non- custodial parent has visitation during the Easter vacation from school, then a weekend visit on the third full weekend of March or April, whichever months Easter does not fall in, and in years when the non-custodial parent does not have visitation during Easter, then visitation on the third full weekend in March and April, provided that when the custodial parent has Easter visitation and Easter falls on the third weekend of a month, then the non-custodial parent shall have visitation on the weekend after the fourth full weekend of that month; in years when the non-custodial parent does not have visitation during Thanksgiving vacation, visitation shall be the third full weekend in November; in years when the non-custodial parent does not have Christmas visitation, then visitation shall be on the third full weekend in December.
(c) Other Times
At all other reasonable and seasonable times, as the parties may agree. In addition, in the event that the children shall be in the state or near geographical location of the absent parent or absent parent shall be nearby the children, the parties shall be notified and shall attempt to arrange visitation, if at all possible.
(d) General Conditions
(1) The custodial parent shall pay and arrange for transportation of the children from the non- custodialparent's residence at the end of their seven-week summer visitation and the non-custodial parent shall pay and arrange for transportation involved in exercising other visitation rights with the parties' minor children.
(2) Visitation rights may be exercised outside
the State of West Virginia. (3) The non-custodial parent shall give the custodial parent notice of the time of pick up and return of the children for visitation at least 48 hours before a scheduled visit, except in cases of emergency and circumstances beyond the non-custodial parent's control, when notification of the time of exchange shall be made as soon as possible.
(4) Both parties shall be diligent in having the children ready and available at the appointed times and the transporting party shall be prompt in picking up and delivering the children provided, however, that the transporting parent for visitation shall have a grace period of one (1) hour. In the event the visiting parent of one exceeds the grace period, the visitation for the weekend is forfeited unless prior notification and suffers an unavoidable breakdown or delay enroute and the visiting parent promptly notifies the custodial parent by phone or delay. Repeated violations by either parent shall be cause for granting a modification of the custody order, either by changing custody or curtailing visitation, as the case may be.
(5) The parties shall not ask the children to communicate with the other party regarding visitation arrangements.
Telephone Visitation The parties shall cooperate to allow their minor children at least two telephone calls a week with the absent parent. Each week, the non-custodial parent shall place one telephone call to the custodial parent's home, at the non-custodial parent's expense, at 7:00 p.m. on Tuesday, and the custodial parent shall place one telephone call to the non-custodial parent, at his/her expense, at 7:00 p.m. on Friday, or at such days and times that are agreeable. The parent exercising custody or visitation rights with the minor children shall provide the minor children with a telephone in a room by themselves, shall allow the minor children to speak on the phone as long as they want to do so, without any interference, and no one, other than the other child, shall listen in on the telephone conversation.
Child Support Extended visitation shall not terminate support for that period unless by specific order since the weekly/monthly rate is adjusted for those periods of vacation at the non-custodial residence.
Information provided by:
James Wilson Douglas, Attorney at Law
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