[NEED LEGAL HELP?] Call our 24/7 Helpline: 1-866-723-4855

Non-Custodial Parent Visitation

Definition - What does Non-Custodial Parent Visitation mean?

A non-custodial parent does not have the legal right to determine where a child will live, but they do have the right to spend time with their child and know where their child resides, which are rights determined by the non-custodial parent visitation schedule.

Non-custodial parent visitation is generally drafted at the time of divorce or separation. Many states prefer the parents to draft a reasonable visitation schedule, which the court will approve if they determine that it is in the best interests of the children.

Justipedia explains Non-Custodial Parent Visitation

Parents who are unable to negotiate their own visitation schedule may decide to have a mediator facilitate the process in hopes of reaching a mutually satisfying agreement. If the parents cannot come to an agreement for non-custodial parent visitation, however, the courts will intervene and develop a plan.

Assuming that there are no issues of abuse, neglect or abandonment, courts generally assume that children should have a relationship with both their mother and their father. Custodial parents who fail to abide by the agreed upon or court-ordered non-custodial parent visitation schedule can be held in contempt of court.

Although many custodial parents attempt to deny the non-custodial parent visitation, there are a few legal reasons that justify this action. For example, refusal for visitation by the non-custodial parent cannot be made regardless of whether the child is sick, the custodial parent does not like her ex-husband’s new girlfriend, or the child is at another scheduled activity. Failure to pay child support also does not give the custodial parent the legal right to eliminate non-custodial visitation privileges.

Non-custodial parent visitation may be terminated, however, if the custodial parent believes that the child is a victim of abuse or the non-custodial parent is using drugs or drinking during the visitation. Changes to the non-custodial parent visitation schedule can only be made, however, after the custodial parent makes the request and the visitation schedule is updated by the court.

Connect with us

Justipedia on Linkedin
Justipedia on Linkedin
"Justipedia" on Twitter

Sign up for Justipedia's Free Newsletter!

Find a Lawyer