Child Visitation Basics
During divorce, the noncustodial parent will generally be granted liberal child visitation rights in a child visitation schedule approved by the divorce court. The child visitation schedule may be determined by either an agreement between the spouses or the court. Typically, courts decide child visitation rights without considering the relative fault of the parties.
Although child visitation is typically freely given, it can be limited by the divorce court if it's not in the best interest of the child.
Custodial Parent's Child Visitation Rights
If the noncustodial parent threatens harm to the children, is abusive or acts irresponsibly, the divorce court can limit child visitation rights, require a third party supervise visits or deny child visitation rights. The divorce court can also impose conditions on continuing child visitation rights, such as requiring a habitual drug user to undergo alcohol or drug addiction treatment. The courts typically have broad discretion when interpreting reasonable visitation.
Non-Custodial Parent's Child Visitation Rights
If the custodial parent engages in misconduct, such as delaying or interrupting the other spouse's visits, the noncustodial parent can seek an order from the divorce court to make sure the custodial parent complies with the child visitation order and pays penalties, costs and attorney fees. Interference with a parent's child custody or visitation rights can land the offending parent in jail.
Family Members' Child Visitation Rights
Divorce courts may grant legal visitation rights to other family members. Almost every state now has some form of visitation rights for grandparents. Grandparents, foster parents and stepparents may petition for legally enforceable child visitation rights.
Speak with a Divorce Attorney about Child Visitation
Speak to a local divorce lawyer about your specific visitation situation, rights and schedule. Work on protecting your relationship and time with your child with help from a divorce attorney near you. Fill out a divorce case review form or call 877-349-1310 today. Total Divorce can also connect you with a local lawyer who's familiar with family law, even if your case doesn't involve divorce.
The above synopsis of child visitation laws is by no means
all-inclusive and is not intended to serve as legal advice. These laws
may have changed since our last update and there may be additional laws
that apply in your situation. For the latest information on these child
custody laws, please contact a local divorce lawyer in your area.
