Modification of Child Visitation

While child visitation laws vary from state to state, most states use the same standard when modification of visitation is sought. There are many reasons for changing visitation, but this will address some common ones.

Substantial Change in Circumstances

If a non-custodial parent wants to change visitation, he must show that a substantial change in circumstances has made the visitation schedule impractical or not in the best interests of the child. Substantial change in circumstances may include where the non-custodial parent wishes to spend more time with the child and the child concurs. Other situations include where the custodial parent wants to relocate and the non-custodial parent wants to stop her. This impacts visitation and may also impact custody; if the move is not in the child's best interests, in some states custody may be changed to the other parent.

Other changes in circumstances involve a parent's misuse of alcohol, not taking care of the child, or associating with unsavory people like drug users, sex-offenders and criminals. The child should not be subjected to this. These behaviors can be attributed to either parent. The custodial parent will want to limit visitation, ask for supervised visitation, or in extreme cases, seek no visitation if the non-custodial parent is engaging in this behavior. The non-custodial parent may want to seek more visitation than he already has or he may seek to change custody if the custodial parent is engaging in these activities.

When the Child is in Danger

If the child is in any danger, the other parent may wish to seek supervised or limited visitation, or visitation at another location. If either parent is neglecting or abusing the child, visitation with that parent is generally not in the best interests of the child. If the danger is caused by the custodial parent, the non-custodial parent should change custody, not just visitation. If the offender is the non-custodial parent, the custodial parent should seek to limit or terminate visitation. Other changes which may warrant modification are changes in a parent's lifestyle.

Older Children

If an older child doesn't want to visit the other parent, the custodial parent should go to court to have visitation changed. In some states, if the child is older than 7 to 10 years old, the judge may talk to him privately to see what the child wants. While not determinative of outcome, the older child may have an important role in having visitation changed.

Ways to Change Visitation

Modification of visitation can be accomplished by agreement between the parties. If this isn't possible, parties must resolve this in their local family court. Changes in visitation must be consistent with what is in the best interests of the child.

Consult an Attorney

It is advisable to consult an attorney to learn your state's laws regarding modification of visitation because only an attorney can give legal advice.

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