Child Visitation Law
Visitation and custody are very closely linked and are governed by the best interest principle. This means custody and visitation are determined by what arrangements best meet the interests and welfare of the child. Visitation is generally considered a privilege for the parent.
When the courts determine custody, usually one parent is awarded primary or custodial custody of the child and the other, non-custodial, parent is awarded child visitation rights. The parents are encouraged to negotiate a parenting plan that accommodates both parents’ schedules, while best serving the child’s needs. If the parents aren’t able to agree on visitation and a parenting plan, they may attempt mediation. If that is not successful, they may seek the court’s intervention and a court order.
In some cases, where there is evidence of abusive, violent or other dangerous behavior, supervised visitation is ordered. In these cases a social worker or other neutral third party must be present while the non-custodial parent has visitation time with the child, or it may require that the visitation occur at a specific place and time. This arrangement is meant to protect the welfare of the child. Although rare, if a court finds that any type of visitation with the non-custodial parent would endanger a child and could result in physical, mental or emotional abuse of the child, the court may completely prohibit visitation.
Although the specific laws vary from state to state, in most state, a grandparent, great-grandparent or sibling may seek and be granted child visitation privileges. Again, this is dependent upon the best interests of the minor child.
If either parent violates a visitation order, the parent in violation can be held in contempt of court and fined or jailed until they agree to comply with the order. If the non-custodial parent fails to return the child to the custodial parent when legally required to do so and keeps the child for a certain length of time (i.e. forty-eight hours) after the custodial parent has demanded the child’s return, the parent in violation can face criminal charges. Visit Us at Google+ Copyright HG.org
Child Visitation Law - US
- ABA - Custody Committee
The ABA studies and strives for improvements in the law relating to child custody and visitation, such as development of a model joint custody statute, standards for relocating children and rights of stepparents and unwed parents.
- Child Custody and Family Law
Why do the courts seem to always favor the mother in a divorce when considering child custody? Is it that this is a throwback view from the days when the mother was a stay-at-home mother and therefore had nothing to do but watch and nurture the children? Will the court system ever join the twenty-first century in regards to child custody?
- Child Support Enforcement Program
The Child Support Enforcement Program is a joint federal, state and local partnership to ensure that parents provide support to their children. The program involves 54 separate state and territory systems, each with its own unique laws and procedures. The program is usually run by state and local human service agencies, often with the help of prosecuting attorneys and other law enforcement officials, as well as officials of family or domestic relations courts. At the federal level, the Department of Health and Human Services (HHS) provides policy guidance, technical assistance, training and funding to states, operates the Federal Parent Locator Service, which uses computer matching to locate non-custodial parents in order to establish and enforce child support orders, and provides grants to states for child access and visitation services.
- Child Support, Child Custody and Child Visitation Information Center
This section of the Divorce Law Information Center is designed to assist you with post-divorce actions such as child support modification, child support collection, visitation issues, and denial of visitation.
- Child Visitation Rights - Overview
In a divorce where one parent is awarded sole custody of the child, the noncustodial parent is usually awarded visitation rights in the divorce decree. Visitation rights can be withheld if evidence is provided that proves it is in the best interest of the child not to see the parent. This usually occurs only where it has been shown that the parent is an excessive user of alcohol, a user of illegal narcotics, or is physically or verbally abusive. With the large number of divorced parents in the United States, grandparents have lobbied successfully for laws that give them rights to visit their grandchildren.
- Children's Right's in Regards to Custody and Visitation
The judicial system in each state considers numerous factors in arriving at a final and proper child custody arrangement. After reviewing all of these factors, the Wisconsin Supreme Court devised a guideline for a child's rights. These basic rights are upheld in all 50 states.
- Contact / Visitation Law - Definition
In family law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant person in a child's life can have with that child. Contact forms part of the bundle of rights and privileges which a parent may have in relation to any child of the family.
- Grandparent Visitation Rights in the United States
The concept of grandparents' rights is derived from three basic legal approaches. (It is important to note that grandparents' rights only give grandparents the right to file a petition to visit their grandchildren; they do not guarantee that grandparents will be heard before a court of law.)
- Uniform Child Custody Jurisdiction and Enforcement Act
The purpose of the Uniform Child Custody Jurisdiction and Enforcement Act is to revise the Uniform Child Custody Jurisdiction Act to bring the Uniform Child Custody Jurisdiction Act into compliance with the Parental Kidnapping Prevention Act and other federal statutes such as the Violence Against Women Act, as well as to make those changes to the Uniform Child Custody Jurisdiction Act which are necessary as a consequence of inconsistent court interpretations.
Organizations Related to Child Visitation Law
- Advocates for Grandparent Grandchild Connection
Our non-profit organization is dedicated to reuniting grandparents and grandchildren who become separated due to a change in family circumstance.
- American Coalition for Fathers and Children
We, the members of the American Coalition for Fathers and Children, hereby dedicate ourselves and our efforts to the creation of a family law system, legislative system, and public awareness which promotes equal rights for ALL parties affected by divorce, and the breakup of a family or establishment of paternity. It is our belief through our involvement and dedication, we can have a positive effect on the emotional and psychological well-being of children.
- Just 4 Dads - Father Visitation Rights
Visitation rights are a myth. Neither parent is inherently entitled to visitation rights when going through a divorce. You only have visitation rights when they have been established by the court or determined in a parenting plan that is created by both parents and acknowledged in court. In your divorce proceedings, it is important to be aware that visitation and custody are two separate matters.
- SPARC
SPARC's goal is to ensure that children of divorce continue to have meaningful relationships with both parents, regardless of marital status. We advocate on behalf all non-custodial parents to ensure they get equitable treatment in court and continued access to their children. In addition, we work to promote gender equality in Divorce and Custody issues.
Publications Related to Child Visitation Law
- Divorce Source - Child Custody and Visitation Articles
This is a collection of articles and divorce law related information provided by some of the professionals who are members of our directory (lawyers, mediators, counselors, etc.). This section of the site is constantly growing with quality, up-to-date divorce information regarding laws, child custody, visitation, support and more.
- Woman's Divorce - Child Visitation Rights
Ask most divorced parents about child visitation rights, and you're likely to hear some discontent about the situation. The following answers from the life coach and legal expert may give you some insight to your own situation.
Articles on HG.org Related to Child Visitation Law
- What Children's "Best Interests" Really Mean?For adults engaged in difficult divorce and custody battles, it can be all too easy to forget the significant, long-lasting impact that these types of proceedings can have on those most sensitive to the fallout, children. Unfortunately, the setup of the court system promotes a competitive approach to determining custody in that one party is the so-called winner (the “primary” custodian) and one party is the so-called loser (the “partial” custodian) in most cases. Children do not see it that way.
- Gaining SupportOut of all the domestic issues that can arise, payment or receipt of child and/or spousal support is one of the most common. Both types of support are governed by the Pennsylvania Support Guidelines which establish a rubric for calculating the amount of the obligation. While the guidelines are fairly straightforward, determining the payor’s support obligation can be challenging, depending on the particular circumstances. Below are some of the issues that can arise:
- What Things to Consider for a Family Law AttorneyIf you need the help of a family law attorney, you must consider some important things in this regard. These things include accessing a right lawyer, way of executing of the lawyer, if you are getting all the relevant information and aspects regarding your case and firm professional ethics etc. After considering all these points, you can definitely find the best family law attorney that will sort out your concern in highly effective way.
- Virtual Visitation Now an Option for Divorced Illinois ParentsAn estimated 18 million children throughout the United States have parents who are divorced or separated, and another 17 million children have parents who have never been married.
- 4 Major Issues to Discuss with Your PA Divorce LawyerThose about to begin the Pennsylvania divorce process often find themselves overwhelmed and emotionally exhausted. For many, meeting with a divorce lawyer can seem like a daunting task, especially if you don’t know where to begin. Below, I’ve listed 4 common major issues that you should discuss with your divorce lawyer.
- Grandparents and Childcare – VisitationIn practice, Kentucky courts give slightly weaker emphasis to the law which appears to grant visitation rights to grandparents. Grandparents who are primary care providers for their grandchildren are given equal consideration under the law by the courts when the court determines custody issues.
- Law Would Expand Child Custody Rights for Military ParentsCongress will soon be considering a bill aimed at better protecting the child custody rights of military parents. The proposed new law, called the Service member Family Protection Act, would prevent family court judges from basing child custody decisions solely on service members’ past or future deployments. The bill seeks to amend the Service members Civil Relief Act to provide for the protection of child custody arrangements for parents who are members of the Armed Forces.
- Protecting Your Rights Through a Prenuptial AgreementPrenuptial agreements are written agreements that delineate each party’s rights and obligations in the event of a divorce. A prenuptial agreement is signed before the wedding and the agreement goes into force once the couple weds. The typical agreement addresses issues such as property division, distribution of marital assets and property, spousal support, the making of a will or trust, life insurance and other relevant rights or obligations in the event of divorce or death.
- Divorce: Contested v. UncontestedIf you and your spouse are considering filing for a divorce, there are probably numerous questions going through your mind. Not only will you have to decide if divorce is the best option for you, but you will have to determine which type of divorce to pursue.
- Grandparent Visitation: Givens v. DarstWhen the child was only four months old, his mother was murdered by a man she had previously dated. Less than two weeks after the murder, Givens filed a petition seeking to become the child’s “sole legal and sole physical” custodian. At the time of filing, Darst was presumed to be the father; however, Givens did not notify him about her petition.
- All Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.

