Visitation Rights of Non-Custodial Parents

In This Guide Custodial vs. Non-Custodial Parent "Reasonable" Visitation Schedule Grandparents Visitation Interferance with Visitation Supervised Visitation Child Custody Guide Topics Introduction to Child Custody Types of Child Custody Who Gets Custody? Going to Court Out-of-Court Custody Agreement Modifying a Custody Agreement Custody Between States Emergency Custody Issues Hiring a Child Custody Attorney Adoption In a divorce where one parent is awarded physical custody of the child, the non-custodial parent is usually awarded visitation rights. Child visitation rights are considered a privilege, rather than an automatically granted right. In cases where child visitation rights are denied, the non-custodial parent may still be ordered to pay child support to the parent with physical custody. Child support responsibilities and child visitation rights are two separate matters in the eyes of the family court of law. Visitation rights may be determined by the agreement of the parents or by a court order if the parents cannot agree. Courts will generally consider the wishes of the child, if age appropriate, when reviewing custody and visitation issues. Visitation rights are important; not only to the parent, but to the children as well. The length and type of visitation may be decided according to the age of the child. In order to avoid conflicts, a parenting plan can cover how the visitation will be carried out. The parents can draft a specific agreement which may include: Specific weekends Overnight visits Pick up and drop off times and locations How the exchange will be made A schedule for birthdays, holidays and special occasions Supervised visitation may be ordered when the children’s safety and well-being require that visits with the other parent be supervised by another adult, or a professional agency. In situations in which contact with a parent would be physically or emotionally harmful to the children, the court may order that the parent be allowed no visitation with the children. If needed, the court can appoint an attorney to represent the child. This type of attorney is known as a Guardian Ad Litem. Custodial Parent vs. Noncustodial Parent The custodial parent is the individual that has primary physical custody of the child. The child does not reside with the non-custodial parent except during the time that the non-custodial parent has visitation. The courts generally encourage frequent and regular visitation when the parents live in the same locality and when it does not interfere with a child’s school schedule. If the parents live a long distance from one another, liberal visitation is usually provided for school breaks and summer vacations. Who Determines the Visitation Terms? Many states have adopted new laws which require the parents to draft a parenting agreement. This allows the parents to work out a reasonable visitation plan at their discretion so long as the plan is in the best interest of the children. Negotiating child visitation rights can be done independently or with the help of a neutral third party mediator. A mediator can facilitate discussion of each parent’s needs with the goal of reaching a mutually acceptable agreement without having to go to trial. If an agreement cannot be reached by the parents, the court may intercede. When the court determines child visitation rights, it will develop a schedule that both parents and the child are bound to abide by. Visitation Schedule Child visitation can take a variety of forms or schedules. The term “reasonable visitation” leaves it up to the parents to specify dates and times for the visitation. Having a “scheduled visitation” agreement outlines a specific and fixed schedule of when the visitation will occur. Whether you are the custodial or non-custodial parent, a basic visitation schedule may include the following: Alternate weekend visitation with the non-custodial parent, including any three-day holidays Mid-week visitation with the non-custodial parent Sharing of the child during periods of school breaks; winter, spring and summer New Year’s Eve, Easter, Rosh Hashanah, Yom Kippur, Thanksgiving, and Christmas are the types of holidays spent with one parent one year, the other parent the following year Mother’s Day is spent with the mother and Father’s Day with the father Parents alternate the children’s birthdays Telephone and email contact by the parent who does not have physical custody Exchange of a few days of visitation on occasion as schedules permit that are mutually agreed upon without the need for a modification of the court order Emergency situations that may require the other parent to take temporary physical custody of the child When creating a parenting plan and visitation schedule, you should define the schedule according to age and gender. Keep the child visitation schedule flexible, workable, and feasible. As children get older, they may want to spend more time with their friends or participate in after school activities. Children are the real victims of the conflict between their parents. Therefore, it is critical for each parent to show respect for each other and behave as adults in front of their children. Cooperation and a positive attitude will go a long way in making your children feel less stressed about their changing situation. Grandparents’ Visitation Rights All 50 states currently have some type of grandparent visitation statute. However, there may be limitations under which grandparent visitation is considered. They may have to prove to the court that harm will occur to the grandchild in the absence of visitation. Establishing visitation for a grandparent can be emotionally difficult and legally challenging. Those who face parental resistance to their contact with their grandchildren might be best served through a mediation process. Grandparent visitation rights are not intended or designed to supersede parental authority. Their right to visitation is governed by the state where the child resides. What Happens if One of the Parents Attempts to Interfere with Visitation? Interference by one parent in the relationship of a child with the other parent is never in the child’s best interest. Most courts and experts agree that it is important for a child to have a strong relationship with both parents. The courts will typically award custody to the parent who is most likely to foster a relationship between the child and the other parent. Courts in some jurisdictions have held that interference with the non-custodial parent’s right could be grounds for a change of custody.