Get Child Custody and Visitation Questionnaire

Visitation typically refers to the parenting time given to the noncustodial parent when the other parent has sole custody of the child. This often refers to the visitation schedule, which sets the specific dates, times, and locations of when the noncustodial parent sees the child.

“Visitation” in the child custody context means spending limited time with the children, sometimes only once or twice per week for a few hours at a time. Visitation is often ordered for the non-custodial parent when the custodial parent is exercising primary physical custody.

The parent with physical custody is called the “custodial parent” and the other parent is the “noncustodial parent”. Parents are free to work out their own visitation agreements, but when parents can't agree, a court will issue a visitation order. ... Visitation can be increased as the parents agree or the court allows.

Joint custody allows the parents great control over the custody agreement. Generally speaking, it's common for one parent to have physical custody of the child while the other parent has some sort of visitation rights, but legal custody (the decision-making responsibilities) may be awarded separately.

Usually, the non-custodial parent is entitled to reasonable visitation. The court may limit or stop visitation rights ONLY IF the court has a hearing and finds that visitation might: hurt the child's physical health; or. significantly impair the child's emotional development.

If there is a valid, court-approved custody order in force, denying visitation is illegal and can have serious legal repercussions for the parent who denies visitation. ... However, the custodial parent must still take specific steps before denying visitation, such as notifying the appropriate authorities.

In some states, a parent can refuse visitation if the other parent's living arrangements are considered dangerous, such as living in a crime-ridden neighborhood. In addition, if your child refuses visitation, you are not required to force him or her to visit.

In some jurisdictions, a custodial parent may legally deny visitation the non-custodial parent would risk exposing the child to immediate bodily injury or emotional harm. However, the custodial parent must still take specific steps before denying visitation, such as notifying the appropriate authorities.

If the custodial parent violates the injunction, you may file a motion for contempt. If the court finds the custodial parent denied you visitation without a good reason, the custodial parent may be held in contempt, ordered to make up lost visitation, and ordered to pay your attorney fees.

Usually, the non-custodial parent is entitled to reasonable visitation. The court may limit or stop visitation rights ONLY IF the court has a hearing and finds that visitation might: hurt the child's physical health; or. significantly impair the child's emotional development.