Establishing visitation rights is an important aspect of many divorce proceedings. The parent not awarded residential custody of a child is entitled to reasonable visitation. The specific facts and circumstances of a particular case dictate the manner in which a court develops a visitation schedule for the noncustodial parent and a child.
Function
The basic function of visitation rights is to ensure that both parents maintain the ability to develop and maintain a lasting, significant relationship with their children, according to Cornell University Law School. Decisions by courts in regard to visitation rest to a significant degree on ensuring that a noncustodial parent has appropriate access to a child to satisfy the objective of creating a solid relationship.
Standard
Although a major element of visitation rights is to ensure a proper relationship between a parent and child, the goal of protecting the best interests of the child also comes into play. A visitation arrangement must further a child's interests, as well, including his safety and welfare.
Considerations
A variety of factors come into consideration when a court develops a visitation plan, according to "Child Custody A to Z" by Guy J. White. These include an examination of the pre-existing relationship between the parent and child, the location where visitations occur and the general health of both the parent and child.
Time Frame
Visitation rights of a parent in a divorce case require maximizing a noncustodial parent's time with a child whenever possible. A typical schedule allows a noncustodial parent to spend time with the child at least once during the week. Generally, this is a rather short visit if a child is in school. The noncustodial parent enjoys a longer visitation over the weekend, usually an overnight stay. The parents alternate major holidays. Finally, the noncustodial parent has extended visitation during the summer.
Enforcement
A noncustodial parent has the right to enforce a visitation order issued by the court. If the custodial parent fails to make the child available for a scheduled visitation, the noncustodial parent can seek intervention from the court by filing a motion to enforce. The court issues a follow-up order requiring the custodial parent to comply and can impose sanctions, as well, including an order to pay the noncustodial parent's legal fees.
References
- "Child Custody A to Z"; Guy J. White; 2005
- Cornell University Law School: Child Custody Overview
- Nolo: Child Custody FAQ
