Child Visitation
Once child custody is determined during a divorce case, the non-custodial parent will generally be granted liberal child visitation rights under a schedule determined by the parties and approved by the court. Typically, courts decide child visitation rights notwithstanding the relative fault of the parties.
Although child visitation is freely given, it can also be limited by the court for misconduct by a spouse. If you are the custodial parent and your spouse poses a threat of harm to your children, is abusive to them, or acts irresponsibly, you can petition the court to limit your spouse's child visitation rights, to require a third-party to supervise all visits, or in extreme cases, to deny all child visitation rights. The court can also impose conditions on continuing child visitation rights, such as requiring a substance impaired spouse to undergo alcohol or drug addiction treatment. The courts typically have broad discretion in crafting appropriate child visitation provisions.
If the custodial spouse engages in misconduct, such as delaying or hindering visits by the other spouse, the non-custodial spouse can seek an order from the court compelling the custodial spouse to comply with the child visitation order and to pay penalties, costs and attorneys fees. In extreme cases, interference with a parent's child custody or visitation rights (such as taking a child out of state to thwart the other parent's rights) can land the offending parent in jail.
There is an emerging trend among the states in granting legal visitation rights to family members in addition to parents. For example, all 50 states now have some form of grandparent visitation rights laws, in which grandparents and others (such as foster parents and step parents) have legally enforceable visitation rights.
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