Although minor variations exist in visitation laws from one jurisdiction to another in the United States, a father's parenting time rights are largely the same from state to state. If you are involved in a divorce or paternity proceeding, you need to appreciate the basic rights a father has in regard to parenting time or visitation.
Function
The function of visitation rights or parenting time is to ensure that a father develops and maintains a meaningful relationship with a child even if he lacks primary residential custody of the child, according to the American Bar Association Section of Family Law. Visitation evolved into what is known as parenting time in jurisdictions across the country to emphasis the fact that a father is more than just a visitor in the life of a child.
Time Frame
Visitation or parenting time schedules vary depending on the particular circumstances of the case. Appreciating the unique features of each individual case and in an effort to protect the visitation rights of a non-custodial parent, most jurisdictions developed visitation guidelines that establish the minimum amount of visitation time required.
Considerations
Protecting a father's visitation rights obliges the court to take a number of factors into consideration in creating a parenting time schedule, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. The court considers the age of the child, the location of the father's home in relation to the mother's home, and the time of year. Typically, holidays are alternated between the parents and a non-custodial father has the right to an extended session of parenting time during the summer months.
Enforcement
If the mother of a child violates an existing visitation or parenting time order, or otherwise interferes with a father's right to spend time with his child, family laws provide mechanisms for enforcement. The father can go before the court and seek a judge's order enforcing his rights to visitation. If the mother consistently interferes with a father's visitation rights, the father can seek primary custody of the child.
Expert Assistance
Seeking and enforcing visitation rights as a father is a complicated matter. If you need to establish or enforce your own visitation rights, consider retaining the services of an experienced attorney. Local and state bar associations maintain directories of attorneys in different practice areas, including all aspects of family law. Contact information for these organizations is available through the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
References
- American Bar Association: Section of Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Divorce Organizer & Planner"; Brette McWhorter Sember; 2004
- Cornell Law School: Divorce Overview
