Child Visitation Overview
Child Visitation Resources
Are non-custodial parents entitled to visit their children?
In most cases, yes. Parents that do not have primary custody of their children (known as "non-custodial" parents) are typically granted rights of reasonable visitation. A grant of reasonable visitation allows both parents to develop a visitation schedule that suits their needs and availability.
If parents are unable to reach an agreement regarding visitation, or if parents are unwilling to communicate regularly about the visitation schedule, a court may create a fixed visitation schedule. A fixed visitation schedule sets forth the times and places for visitation with the non-custodial parent.
If a parent is unhappy with either a reasonable visitation arrangement or a fixed visitation schedule, a parent may request that the court change the visitation order. Visitation orders may also be modified to suit the child's changing needs as he or she grows older.
Can visitation be prohibited or restricted by the court?
Yes. Under certain circumstances, visitation rights may be prohibited or restricted. Visitation will be prohibited if the court is satisfied that contact with a non-custodial parent would seriously endanger a child's physical, mental or emotional health. Because most courts prefer that children develop a relationship with both parents, a court will rarely prohibit all visitation with a non-custodial parent. However, a court may impose certain restrictions on the visitation.
Restricted visitation may be ordered if a non-custodial parent has a history of violent or abusive behavior, or if the non-custodial parent is suffering from a mental illness. An order for restricted visitation may require that the visitation be supervised by a third party, or it may require the visitation to occur at a specific place (such as the custodial parent's home) or at a specific time (such as during daylight hours).
Are relatives entitled to visitation privileges?
Yes. While specific provisions vary between states, a court will typically grant visitation privileges to a minor child's grandparent, great-grandparent, or sibling if the court feels that visitation is in the best interests of the child. A minority of states permit only grandparents to obtain visitation rights, and allow visitation only if the child's parents are separated or if one or both of the parents has died.
If a parent legitimately feels that visitation with a relative would be harmful to the child, the parent should make their reasons known to the court. However, if visitation would not be detrimental to the child in any way, a custodial parent should consider negotiating a visitation schedule with the relative outside of court.
What happens if a visitation order is violated?
A visitation order may be violated by the custodial or non-custodial parent. Typically, a parent who violates a visitation order will be held in contempt of court. A parent may be fined or incarcerated until they agree to comply with the order. Additionally, a non-custodial parent who refuses to return a child to the custodial parent will be subject to criminal liability if they keep the child for more than forty-eight hours after the custodial parent has demanded the child's return.
I have not paid child support. Can I still visit my child?
Yes. In most states, visitation rights are not contingent upon the payment of child support.