Child Visitation Law






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What is Child Visitation Law?

Child visitation law governs the rights of non-custodial parents to spend time with their child. These cases are usually handled by state courts as part of broader family law proceedings dealing with issues such as divorce, separation, alimony, and child support and custody. Visitation rights allow the parent with whom the child does not live to take physical custody of the child for specific, regularly-scheduled periods of time.

A number of legal disputes can arise with respect to child visitation. The parents may not be able to agree to a visitation schedule, requiring the court to step in and decide the matter. Once a schedule has been determined, one parent may decide that subsequent events have created a need to alter the schedule, again leading to potential disagreement between the parties. Contention can also result when the custodial parent feels the child is not being properly cared for during visits, when the non-custodial parent keeps the child longer than allowed, or when a grandparent seeks visitation over the objection of the parents.

Regardless of the nature of a visitation dispute, this area of the law is often characterized by a hostile emotional atmosphere created by the failure of the parents’ previous romantic relationship. After a couple parts ways, the animosity they feel toward each other can make it very difficult for them to agree on child visitation issues without court intervention. Sadly, when parents cannot behave amicably, the child is the one who suffers most.

The “Best Interests of the Child” Standard

Family law courts settle child visitation disputes by applying a standard known as the “best interests of the child.” This phrase, articulated almost identically by courts of every state, is used to reference a child’s physical, emotional, and developmental welfare. Especially in situations where the nature of the parents’ disagreement regarding visitation has more to do with their own personal concerns, the standard serves to refocus everyone’s attention on the issue at hand – the needs and wellbeing of the child.

Most child visitation statutes make reference to the best interests of the child, and then provide a list of factors for the court to consider when applying the standard. These factors include each parent’s emotional ties to the child, the financial support each parent contributes, and each parent’s ability to provide a safe, stable, and nurturing home environment. Courts will also decide visitation in a way that avoids disrupting the child’s education and social support structure. The expressed desires of children themselves are relevant, but never determinative.

Establishing Visitation Rights

The first step toward obtaining a child visitation order will depend on whether the parties are already involved in a family law case. If so, the non-custodial parent can prepare a motion for visitation and file it in the existing case. As long as both parents agree that the request is appropriate, the process will be as simple as presenting a stipulated order to the judge for his or her signature. It is important to note that parents requesting visitation must begin paying child support, if they are not currently doing so.

If a case does not already exist, the parent seeking visitation must initiate one. When the parents are married, visitation can be requested as part of a suit for divorce or separation. Otherwise, the issue can be raised by filing a petition to determine custody and support. Fathers bringing these cases will be required to establish paternity and prove they are satisfying child support obligations before the court will consider the merits of the visitation request.

Modification of a Visitation Order

Modification of child visitation is one of the most heavily litigated issues in the field of family law. This is not surprising, as the living situation of the parties is sure to evolve between the time the original order is entered, and the time the child turns 18. The court will retain jurisdiction during this entire period. When a modification becomes necessary, either parent can make the request. Because child support is dependent upon the amount of time each parent has custody, requests to modify visitation and support are typically made at the same time.

While courts will always rely on the best interests of the child standard, requests to modify visitation are also governed by the “changed circumstances” standard of proof. That is, the parent filing the motion must prove that since the order or most recent modification was entered, circumstances have changed and the previous schedule is no longer suitable. Examples of changed circumstances include the relocation of either parent, failure of one parent to abide by the current schedule, requests by the child to spend more or less time with a parent, and so forth.

Situations Requiring an Attorney

Child visitation, like other family law matters, is greatly affected by the degree to which the parents cooperate. If you and the other parent cannot agree on visitation, an attorney can make sure the court considers your point of view, and does what is right for your child. Contact a child visitation lawyer to find out more.

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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

    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

  • US Divorce Law and Statistics
    It is an unfortunate reality of our modern culture that divorce is common and widespread. If you are going through a divorce, much of the terminology and general process of divorce can be confusing and intimidating. Understanding the fundamental concepts of the American divorce system can help you in navigating through the process of divorce or legal separation.
  • New Jersey Child Visitation Laws
    Children are often the most difficult factor to sort out when a relationship ends. There is very little stronger than a parent's love for their child, making visitation issues very emotional and volatile.
  • My Ex Is Moving Away With The Children, What Can I Do?
    You are divorced, or were never married, but have children with your ex. You share custody or, at the very least have visitation rights. But now your ex tells you s/he is moving someplace with the kids that would make seeing your children as regularly as you would like much more difficult.
  • How to Establish Paternity in Child Support and Custody Disputes
    When a married couple has a child, most jurisdictions presume that the husband is the father of the child (even if he is not). When an unmarried couple has a child, on the other hand, it is usually necessary to establish paternity as soon as possible after the baby is born. This protects the mother, the baby, and the father, by establishing everyone's rights with regard to one another, such as visitation, support, and inheritance.
  • Understanding New Jersey Adoption Process
    Are you a New Jersey resident considering adoption? Or are you involved in a dispute trying to prevent someone else from adopting your child? In either case, it is important to understand the process of adoption and its legal ramifications.
  • Do Grandparents and Other Family Members Have Visitation Rights
    The concept of grandparent visitation rights is a fairly new one. Historically, only parents could ask for visitation rights, but now states allow a variety of different family members to ask for visitation of related children. Below is a brief state-by-state summary of grandparent visitation rights as of the date of publication of this article. Should you have a question regarding visitation rights, you should contact a local family law attorney.
  • Understanding Parental Alienation Syndrome in Connecticut Family Courts
    Children may develop Parental Alienation Syndrome when their battling parents put them in the middle of adult disagreements. It is sad but true-divorcing parents sometimes make their kids take sides during a divorce.
  • Factors Affecting Child Custody and Visitation
    When determining which parent should have primary custody, whether custody should be shared, and how much visitation each parent should have, courts must look at a number of factors. Of course, these factors vary from state to state, but the overall question is generally the same: “What is in the best interests of the child?" Answering the questions below will give you insight into the specific questions courts may ask to determine which parent (or both) should be granted custody.
  • Ensuring Your Children Receive the Child Support They Deserve in New Jersey
    When one parent acts as the primary guardian for a child, the other parent is generally required to contribute to the financial needs of that child. Generally, in New Jersey, the amount of child support one parent pays another is based on the New Jersey Child Support Guidelines. These Guidelines are found in Appendix IX of the New Jersey Court Rules.
  • Finding Overlooked or Hidden Child Support Expenses
    Underestimating or not accounting for all costs associated with raising children when itemizing expenses to help calculate child support is common. Don't overlook the details of your child's real financial needs. Our article helps list frequently missed costs that could be added as expenses in figuring child support amounts.
  • 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.