Though anyone who has a strong relationship with a child may request visitation rights, most visitation issues generally deal with the rights of the non-custodial parents. A parent’s right to visit his or her child will usually be granted unless there are exceptional circumstances that would negatively affect the child.
Here are 5 items of interest regarding visitation rights:
Courts try to maximize time with both parents
When visitation is granted, the court will usually allow for the most liberal schedule so that the child may benefit from maximum time with both parents.
Visitation schedules are non-disruptive
Visitation schedules are practical and reasonable to ensure they do not disrupt the child’s school life, home life, or the custodial parent’s work schedule.
Relocation notices may be required
A court can require at least 45 days’ prior notice if the custodial parent plans to relocate. If that parent demonstrates that prior notice may expose the child or either party to abuse, notice may be waived.
Visitation rights can be restricted
To limit visitation to the non-custodial parent, there must be sufficient concrete evidence that shows the child may be harmed in the future, and there must be a connection between the restriction imposed and the perceived harm to the child.
Supervised visitation may be imposed
If a child has been abused or neglected, the extent of the abuse or neglect will be analyzed by a court to determine whether visitation or custody should be granted. This does not automatically ban visitation rights, but it may result in supervised visitation.