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 parentsí schedules, while best serving the childís needs. If the parents arenít able to agree on visitation and a parenting plan, they may attempt mediation. If that is not successful, they may seek the courtís 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 childís return, the parent in violation can face criminal charges.
For more information about individual child support laws, procedures and related topics for U.S. states, please visit our U.S. Divorce Law Center. 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 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.
- 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'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
- Factors Determining Child Custody under Georgia LawGoing through a divorce is difficult on everyone, but a divorce can be particularly hard when you and your partner need to determine who gets custody of the kids. GA child custody law keeps the best interests of the child in mind, and who receives child custody will depend on a variety of different factors. The guidance of an experienced lawyer from is imperative if you want to win custody after a divorce.
- Fathers Rights in California and What Every Dad Should KnowFathers concerned about their California custody rights get a lot of bad information. This article will take the confusion and myth out of this area of family law and get dads who are going through custody cases off to a good start.
- Joint and Sole Legal and Physical Child Custody ExplainedIf you and your child's other parent are separated or divorced, determining child custody is probably one of your primary concerns. Child custody comes in two forms Ė legal custody and physical custody.
- What Protective Orders Can and Cannot Do in MarylandProtective orders might help you feel a little more safe and secure, but ultimately any protective order is a legal document. If you are in danger, removing yourself from the situation and seeking protection, may be the best bet.
- How Does Domestic Violence Affect Custodial Rights to Children in California?Domestic violence is being referred to as an epidemic in the United States, and more than three million children witness acts of domestic abuse every year. Domestic violence is emotionally scarring for victims, especially when children are involved. It is important for anyone involved in a family law case to understand the implications of domestic violence and how it affects child custody in California.
- Divorce Modification in TexasAnyone that needs more information about modifying a divorce decree to change custody details, visitation rights, child support conditions, or living situations should read this guide to Texas divorce modifications. Divorce modifications are different in every state, and in Texas the laws are as complex as any other state's laws. The following article describes in detail Texas laws pertaining to divorce modifications.
- Child Custody Exchange SafetyChild visitation and child custody exchanges are a vital part of maintaining and building relationships between a child and each of their parents, but they can be a major challenge for the parents. The swap occurs each time a chid goes from the physical custody of one parent to the other, and the exchanges often escalate to high-conflict situations.
- Can A Parent Coordinator Alleviate Conflict After The Divorce?A divorce is never easy, but there are ways that the distress of going through a divorce and the accompanying child custody hearings can be minimized.
- Right of the ChildThe essential principle that passes like a golden thread in law, in judgments and in every occasion of childustody is the principle of " The good of the child".
- Divorce in IsarelWhile in most western countries the authority to judge matters relating to separation and Divorce is in the hands of the Family Court, in Israel there are two parallel instances who are authorized to judge issues involving divorce between a Jewish couple;
- 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.