Child Visitation – Understanding the Basics

During divorce, the parent who is not awarded child custody will typically be granted significant child visitation rights, in a schedule approved by the divorce court. This schedule may be determined as part of an agreement between both parents or by the court. In most cases the divorce courts decide on a child visitation plan without factoring in the relative fault of each parent.

Despite what you see on TV, in most cases, child visitation is freely given to the noncustodial parent. The only reason that this would not be the case is a case when the court finds that such visitation is not in the best interests of the child.

The Rights of the Custodial Parent

In cases where the parent without custody has threatened the children, behaves abusively, or demonstrates irresponsibility, the divorce court can limit the visitation rights, require visits to be supervised by a third party, or deny these rights altogether. The divorce court may also impose conditions on a parent’s right to visit the child, as is often the case in situations where a habitual drug user is involved. This person may be required to undergo drug or alcohol rehabilitation in order to retain visitation rights. The courts also have significant leeway in determine just what level of visitation is reasonable.

The Rights of the Noncustodial Parent

The court-ordered custody and visitation arrangement are based on behavioral expectations of the custodial parent. If this parent engages in acts of misconduct, including the delay or disruption of the other party’s visits, the noncustodial parent has the right to seek an order from the divorce court that would force the custodial parent to comply with the visitation order and pay penalties, as well as the divorce court costs and attorney fees that may come with such a dispute. The courts take child visitation very seriously, and interference with a parent’s visitation rights can land the offending parent in jail.

The Rights of Other Family Members

Over time, as the divorce courts’ understanding of how best to protect all parties involved in a divorce has evolved, there has been a growing understanding that certain family members other than the parents are entitled to visitation rights. Almost every state now has some form of visitation rights for grandparents. Other groups often able to petition for legally enforceable child visitation rights include foster parents and stepparents.

Whatever factors contribute to what you feel is an appropriate custody/visitation arrangement for your child, speaking with a divorce attorney may help you make these challenging decisions. It is important for you to protect your relationship and time with your child, even as you consider their own needs and wants. In many cases, the divorce court is responsible for determining an arrangement that is in the best interests of the child, and an attorney can help you make your case to the court in a comprehensive manner.

By: Deborah E Smith

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