Visitation Law

Visitation law is the portion of family law that grants individuals the right to spend time with minor children whose parents are separated, divorced, or never married. This could be visitation with the non-custodial parent or with other close relatives. Unless there is reason to believe that visitation would be harmful to the child, family courts will grant these rights to the non-custodial parent. An exception is made if a person's parental rights have been terminated. The courts in each state usually have a general visitation schedule that they will use to determine a fair arrangement. However, parents who set up a mutually acceptable visitation arrangement without involving a judge can decide these details on their own. The goal of visitation law is to ensure that both parents can play an active role in the child's life. However, the courts also realize that moving a child back and forth between homes can be disruptive. This is one reason they urge parents to cooperate in making visitation as stress free as possible.

Fast Facts

  • Keeping a child younger than 12 for more than 48 hours after the end of scheduled visitation is generally illegal if the custodial parent has demanded that the child be returned.
  • Young fathers who pay support are more likely to participate in visitation.
  • Some correctional institutions make provisions for incarcerated mothers to enjoy regular visitation with their young children.

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