A father not awarded custody of a minor child possesses specific visitation rights. Despite some minor variations in the visitation laws from one state to another, the overall standards and practices associated with a father's visitation rights largely are the same in all U.S. jurisdictions. These laws determine how to establish visitation as well as how to enforce a father's visitation rights.
Function
The underlying function of father's visitation rights is for him the ability to develop and maintain a meaningful relationship with his child after being designated as the non-custodial parent, according to the American Bar Association Section of Family Law. The mere fact that a father lacks primary legal custody of a child does not mean he lacks the right to a substantial relationship with that minor.
Parenting Time Concept
Most states in the U.S. adopted the concept of parenting time, according to the American Bar Association Section of Family Law. Parenting time espouses the principle that a non-custodial parent--for example, a father who lacks custody of a child--should not be considered a visitor in the life of his child. Parenting time is to be of such frequency and duration to ensure the proper development of a father and child relationship.
Schedule
The visitation schedule--also known as a parenting time plan--is created on a case by case basis, according to NOLO. Factors that come into play in creating a visitation schedule include the age of the child, the proximity of both parents to one another and the preferences of the parents. The standard visitation schedule involves a session with the father during the week, a longer visitation period of the weekend, alternating holidays and an extended period of parenting time in the summer.
Enforcement
Another right of a father is to enforce his visitation rights. In the event of interference with a father's visitation rights, he can seek judicial enforcement. Judicial enforcement commences with the filing of what is known as a motion to enforce with the court that issued the initial visitation order. A court possesses significant discretion in regard to enforcing a father's visitation rights. This includes everything from finding a mother in contempt of court for visitation interference to changing custody to the father if the interference is pervasive and significant.
Agreement
A father's visitation rights include the ability to enter into a custody and parenting time agreement with the mother. A court retains the ability to review a custody and visitation agreement to ensure that it is legally proper and in the best interests of the child.
References
- NOLO: Child Visitation FAQ
- American Bar Association: Section of Family Law
- "Your Right to Child Custody, Visitation and Support"; Mary L. Boland; 2007
