When one parent has sole
physical custody of the child, the other parent is awarded visitation
rights. This means the other parent has the right to see the child
on a regularly scheduled basis. Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
The court's award of visitation rights is guided by what is in the best
interest of the child. Alabama Code 30-3-1.
A court may award visitation by a parent
who has committed domestic or family violence only if the court finds
that adequate provision for the safety of the child and the other parent
can be made. The court may order the exchange of the child to
occur at a protected setting, that visitation be supervised, that
overnight visitation be prohibited, or other steps to protect the child
and insure that the child's best interest is being followed.
Alabama Code 30-3-135.
ALASKA
The court shall grant visitation which is in the best interest of a
child. Alaska statutes provide for a specific cause of action by a
parent with visitation rights against the custodial parent if there has
been failure by the custodial parent to permit visitation with the minor
child. When a court order is specific as to when a custodian of a
minor child must permit another person to have visitation, and the
custodian fails, willfully and without just excuse, to permit visitation
in substantial conformance with the court order, then the person
entitled to visitation may seek damages against the custodian. The
amount of damages is $200 for each failure of the custodian, willfully
and without just excuse, to permit visitation with the child for
substantially the length of time and substantially in the same manner as
specified in the court order. This amount may not be increased or
decreased once liability has been established. If the court
determines that the custodian's refusal is a single continuous period of
visitation, then the custodian is not liable for more than one failure.
The prevailing party in an action commenced under this law is entitled
to recover a reasonable attorney fee. "Just excuse"
includes illness of the child which makes it dangerous to the health of
the child for visitation to take place. "Just excuse"
does not include the wish of the child not to have visitation with the
person entitled to visitation.
AS 25.20.140. ARIZONA
A parent not granted custody of the child is entitled to reasonable
visitation rights to ensure that the minor child has frequent and
continuing contact with the non-custodial parent unless the court
finds, after a hearing, that visitation would seriously endanger the
child's physical, mental, moral or emotional health. The court may
modify an order for visitation rights whenever modification would serve
the best interests of the child. The court shall not restrict
visitation rights unless it finds that the visitation would seriously
endanger the child's physical, mental, moral or emotional health. The
court shall assess attorney fees and court costs against either parent
if the court finds that the parent has unreasonably denied, restricted
or interfered with court order visitation. ARS �25-37. ARKANSAS
The Arkansas custody statute does not specifically give the court the
jurisdiction to address the issue of visitation. However,
presumably, visitation is also dealt with in accordance with the welfare
and best interest of the children. Visitation rights of brothers
and sisters are specifically provided for. Any person who is a
brother or sister of a minor child may petition for reasonable
visitation rights in the event where the parent has denied such
access. Grandparents are also awarded visitation rights,
conditioned that visitation must be in the best interest and welfare of
the minor child.
Ark. stat. Ann. 9-13-101 to 9-13-103. CALIFORNIA
The court shall grant reasonable visitation rights to a parent unless it
has shown that the visitation would be detrimental to the best interest
of the child. In the discretion of the court, reasonable
visitation rights may be granted to any other person having an interest
in the welfare of the child. The court may grant reasonable
visitation to a step-parent, if visitation by the step-parent is
determined to be in the best interest of the child. However,
visitation rights may not be ordered to a step-parent if that would
conflict with a right of custody or visitation of a birth parent who is
not a party to the proceeding.
Cal. Fam. Code �3100 and 3101. COLORADO
To emphasize the importance of frequent contact between child and both
parents, the Colorado laws have replaced visitation with the concept of
"parenting time." A parent not granted custody of the
child is entitled to reasonable parenting time rights unless the court
finds, after a hearing, that parenting time by that parent would
endanger the child's physical health or significantly impair the child's
emotional development. The court may make or modify an Order for
parenting time rights whenever such order or modification would serve
the best interest of the child. A motion to restrict parenting
time which alleges that the child is in imminent physical or emotional
danger due to the parenting time by the parent, shall be heard and ruled
upon by the court not later than seven days after the day of the filing
of the motion. If the court finds that the filing of a motion to
limit parenting time was substantially frivolous or groundless, the
court shall order the moving party to pay the reasonable and necessary
attorney fees and costs of the responding party. If a party is
denied parenting time, the court can order make-up parenting time.
CRSA �14-10-129 and 14-10-129.5. CONNECTICUT
In making, modifying, or terminating an order for visitation rights, the
court shall be guided by the best interests of the child. The
court gives consideration to the wishes of the child if he or she is of
sufficient age and capable of forming an intelligent opinion.
Visitation rights may be granted in the court's discretion to any
person. Such order for visitation shall be according to the
court's best judgment upon the facts of the case. C.G.S.A. �46b-59. DELAWARE
In all proceeding for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The court has the power
to restrict visitation by the non-custodial parent if the court finds
that visitation is likely to endanger the child's physical or emotional
health or impair the child's emotional development. A parent's
failure to pay child support because of the parent's inability to do so
shall not be sufficient cause for denial of visitation. The court
shall modify an Order granting or denying visitation rights whenever
modifications would serve the best interest of the child. If the
court finds that a person has been wrongfully deprived of the duly
established right to visitation, the court shall order the custodial
parent to permit additional visits to compensate for the visitation for which the person was deprived. The court may also consider a
temporary transfer of custody or primary residence or both for up to 30
days, without the transfer being considered a modification of the
custody provision in the decree. The court may also consider
assessing a surcharge against a parent with rights of visitation for that
parent's unilateral failure, without just cause or sufficient notice, to
comply with the visitation schedule. Failure to comply consists of
more than minimal violations, such as slight alterations in the time for
visitation. The amount of the surcharge shall be up to 10% of the
visiting parent's monthly child support obligation for each violation
and shall be payable to the parent with whom the child resides.
The court may impose such other sanctions or remedies as the court deems
just and proper to ensure the maintenance of frequent and meaningful
contact between parent and child and participation by both parents in
the child's upbringing if the parents have joint legal custody. 13 DCA �728. FLORIDA
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The court has the power
to restrict visitation by the non-custodial parent if the court finds
that visitation is likely to endanger the child's physical or emotional
health or impair the child's emotional development. A parent's
failure to pay child support because of the parent's inability to do so
shall not be sufficient cause for denial of visitation. The court
shall modify an Order granting or denying visitation rights whenever
modification would serve the best interest of the child. If the
court finds that a person has been wrongfully deprived of the duly
established right to visitation, the court shall order the custodial
parent to permit additional visits to compensate for the visitation of
which the person was deprived.
FSA �61.13. GEORGIA
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The court has the power
to restrict visitation by the non-custodial parent if the court finds
that visitation is likely to endanger the child's physical or emotional
health or impair the child's emotional development. A parent's
failure to pay child support because of the parent's inability to do so
shall not be sufficient cause for denial of visitation. The court shall
modify an Order granting or denying visitation rights whenever
modification would serve the best interest of the child. The
provision in the decree awarding visitation rights may be modified at
any time without the necessity of showing a substantial change in
circumstances, provided that the review and modification of the
visitation provision shall not be done more often than once in every
two-year period following the date of entry of the judgment.
GC �19-9-3. HAWAII
In the discretion of the court, reasonable visitation rights shall be
awarded to parents, grandparents and any person interested in the
welfare of the child, unless it is shown that rights of visitation are
detrimental to the best interests of the child. In any court
proceeding involving visitation of a minor child, the court may order
any party and the minor child, as needed, to attend counseling,
parenting classes, or any other type of educational activity, as the
court deems appropriate to meet the best interest of the child.
HRS �571-46 and 571-46.2. IDAHO
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The District Court may
grant reasonable visitation rights to grandparents or great grandparents
upon a proper showing that the visitation would be in the best interests
of the child. IC �32-717 an 32-719. ILLINOIS
A parent not granted custody of a child is entitled to reasonable
visitation rights unless the court finds, after a hearing, that
visitation would seriously endanger the child's physical, mental, moral,
or emotional health. 750 ILCS 5/607. INDIANA
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The court has the power
to restrict visitation by the non-custodial parent if the court finds
that visitation is likely to endanger the child's physical or emotional
health or impair the child's emotional development. A parent's
failure to pay child support because of the parent's inability to do so
shall not be sufficient cause for denial of visitation. The court
shall modify an Order granting or denying visitation rights whenever
modification would serve the best interest of the child. In any
action filed to enforce or modify an order granting or denying
visitation rights, the court may award reasonable attorney fees and
costs. The court will consider, among other factors, the
following: 1) whether the Petitioner substantially prevailed and whether
the court found that the Respondent knowingly or intentionally violated
an order granting or denying visitation rights; and 2) whether the
Respondent substantially prevailed and the court found that the action
was frivolous.
AIC �31-1-11.5-24. IOWA
The court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The court will order
liberal visitation rights where appropriate, in order to assure the
child the opportunity for the maximum continuing physical and emotional
contact with both parents. The court will restrict visitation if
necessary to prevent physical harm or significant emotional harm to the
child.
ICA Section 598.41. KANSAS
A parent not granted custody or residency of the child is entitled to
reasonable visitation rights unless the court finds, after a hearing,
that visitation would seriously endanger the child's physical, mental,
moral, or emotional health. Grandparents and step-parents may be
granted visitation rights. The court may modify an order for
visitation rights whenever it would serve the best interests of the
child. Repeated unreasonable denial of or interference with
visitation rights may be considered a material change of circumstances
which justifies modification of a prior order of child custody.
KSA 60-1616. To assist the
enforcement of visitation rights, Kansas law provides for an expedited
procedure to provide justice without requiring the assistance of an
attorney. If visitation rights are denied or interfered with by
the other parent, the parent having visitation rights may file with the
Clerk of the District Court a Motion for Enforcement of Visitation
Rights. Such motion shall be filed on a form provided by the
clerk. A judge or hearing officer is then assigned to hear the
motion. Mediation may be ordered to attempt resolution of the
dispute. If the hearing officers or judge finds that visitation
rights have been unreasonably denied or interfered with, an order may be
entered to provide for a specific visitation schedule compensating
visitation time, assessment of attorney fees and costs, attendance of
one or both parents at counseling or educational classes, supervised
visitation, requiring the offending parent to post a bond or cash to
ensure compliance with the court order granting visitation rights, or
any other remedy which seems appropriate under the circumstances.
KSA �23-701. KENTUCKY
A parent not granted custody of a child is entitled to reasonable
visitation rights unless the court finds, after a hearing, that
visitation would seriously endanger the child's physical, mental, moral,
or emotional health. Upon request of either party, the court shall
issue orders which are specific as to the frequency, timing, duration,
conditions, and method of scheduling visitation. Such orders shall
reflect the development age of the child. If domestic violence and
abuse have been alleged, the court shall, after a hearing, determine the
visitation arrangement which would not endanger seriously the child's or
custodial parent's physical, mental, or emotional health. The
court may modify an order granting or denying visitation rights whenever
modification would serve the best interest of the child. The court
shall not restrict the parent's visitation rights unless it finds that
the visitation would seriously endanger the child's physical, mental,
moral, or emotional health. K.R.S. �403.320. LOUISIANA
A parent not granted custody or joint custody of a child is entitled to
reasonable visitation rights, unless the court finds, after a hearing,
that visitation would not be in the best interest of the child.
Under extraordinary circumstances, the court may grant reasonable
visitation rights to a relative of the child if the court finds that it
is in the best interest of the child. In such a case, the court
shall consider the length and quality of the relationship between the
child and the relative, the reasonable preference of the child, the willingness
of the relative to encourage a close relationship between the child and parents,
and all other relevant circumstances. CC Art. 136. MAINE
The traditional concepts of "custody" and
"visitation" are no longer provided in Maine statutes.
The Maine court makes an award of parental rights and responsibilities
which includes, exclusively or proportionately, all parent-child
contact. The parties are required to use a good faith effort to
resolve all issues in mediation. 19 MRSA �752. MARYLAND
The court has considerable discretion to award visitation rights which
are in the best interest of a child. ACM �1-201. In any custody or
visitation proceeding, if the court determines that a party has unjustifiably
denied or interfered with visitation granted by a Decree or Order, the
court may, in addition to any other remedy available to the court and in
a manner consistent with the best interest of the child, take any or all
of the following actions: 1) order that visitation by rescheduled; 2)
modify visitation to require additional terms or conditions designed to
ensure future compliance with the Order; or 3) assess costs and attorney
fees against the party who has unjustifiably denied or interfered with
visitation rights. ACM �9-105. MASSACHUSETTS
In all proceedings for divorce or legal separation, the court shall
grant visitation as will enable the child and the non-custodial parent
to maintain a child to parent relationship that will be in the best
interest of the child. ALM 208 �28 and 31. MICHIGAN
Visitation shall be granted in accordance with the best interest of the
child. It is presumed to be in the best interest of a child for
the child to have a strong relationship with both parents.
MCLA �722.27a. MINNESOTA
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The court has the power
to restrict visitation by the non-custodial parent if the court finds
that visitation is likely to endanger the child's physical or emotional
health or impair the child's emotional development. A parent's
failure to pay child support because of the parent's inability to do so
shall not be sufficient cause for denial of visitation. The court
shall modify an Order granting or denying visitation rights whenever
modification would serve the best interest of the child. If the
court finds that a person has been wrongfully deprived of a duly
established right to visitation, the court shall order the custodial
parent to permit additional visits to compensate for the visitation of
which the person was deprived.
Minn. Stat. �518.175. MISSISSIPPI
In all proceedings for divorce or legal separation, the court shall
grant visitation as will enable the child and the non-custodial parent
to maintain a child to parent relationship that will be in the best
interest of the child. The court has the power to restrict
visitation by the non-custodial parent if the court finds that
visitation is likely to endanger the child's physical or emotional
health, or impair the child's emotional development. A parent's
failure to pay child support because of the parent's inability to do so
shall not be sufficient cause for denial of visitation. The court
shall modify an Order granting or denying visitation rights whenever
modification would serve the best interest of the child. The court
has discretion to modify the visitation terms of the decree if there
have been changes in the circumstances and a modification would be in
the best interest of the child.
MC 93-5-23. MISSOURI
The non-custodial parent is entitled to reasonable visitation rights
unless the court finds, after a hearing, the visitation would endanger
the child's physical health or impair his or her emotional
development. The extent of visitation will be determined based on
what is in the best interest of the child. In
the event of non-compliance with visitation by the custodial parent, the
non-custodial parent may file a motion for contempt. If the court
finds that the visitation order has not been complied with, without good
cause, the court shall define the non-custodial parent's visitation in
detail and shall exercise its discretion in allowing compensatory
visitation or temporary custody for the non-custodial parent, together
with a judgment for the reasonable expenses incurred by the non-custodial
parent as a result of denial of visitation. Attorney fees and
costs to enforce visitation rights shall be assessed against the parent
who unreasonably denies or interferes with visitation.
VAMS �452.400. MONTANA
A parent who is not granted custody is entitled to reasonable visitation
rights unless the court finds, after a hearing, that visitation would
endanger seriously the child's physical, mental, moral or emotional
health. The court may grant reasonable visitation rights to a
grandparent if the court finds, after hearing, that the visitation would
be in the best interest of the child. The court may not restrict a
parent's visitation rights unless the court finds that visitation would
endanger seriously the child's physical, mental, moral or emotional
health. If a non-custodial parent
or other person residing in the non-custodial parent's household has
been convicted of any of a specified list of crimes, the custodial
parent may file an objection to visitation with the court. The
non-custodial parent then has twenty days to respond. Visitation
rights will be suspended if the non-custodial parent fails to respond
within 20 days. If the non-custodial parent responds and objects,
the court must hold a hearing within thirty days. The
non-custodial parent has the burden at the hearing to prove the
visitation would not seriously endanger the child's physical, mental,
moral or emotional health.
MCA 40-4-217. NEBRASKA
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The court has the power
to restrict visitation by the non-custodial parent if the court finds
that visitation is likely to endanger the child's physical or emotional
health or impair the child's emotional development. A parent's
failure to pay child support because of the parent's inability to do so
shall not be sufficient cause for denial of visitation. The court
shall modify an Order granting or denying visitation rights whenever
modification would serve the best interest of the child. The court
may enter orders as are reasonably necessary to enforce visitation
rights. The court may use contempt powers to enforce court orders
in relation to visitation. The court may require either parent to
file a bond, or otherwise give security, to ensure his or her compliance
with visitation orders. Reasonable attorney fees may be awarded
against a party found to be in contempt for refusing to comply with
court-ordered visitation.
Reissued Revised Statutes 42-364 and 42-364.15. NEVADA
In all proceedings for divorce or legal separation, the court shall
grant visitation as will enable the child and the non-custodial parent
to maintain a child-to-parent relationship that will be in the best
interest of the child. Any Decree or Order awarding a party the
right of visitation must define the right with sufficient particularity
to ensure that the rights of the parties can be properly enforced to
achieve the best interests of the child.
NRS 125.480 and 125A.290. NEW HAMPSHIRE
New Hampshire has done away with the traditional concept of visitation
for the non-custodial parent. The New Hampshire courts now award
physical custodial rights to both parents. In those cases where
joint legal custody is awarded to both parents and primary physical
custody is awarded to one of the parents, the other parent shall be awarded
"physical custodial rights" during all periods of time with
the children, previously referred to as visitation.
RSA 458:17. NEW JERSEY
In all proceedings for divorce or legal separation, the court shall
grant visitation as will enable the child and the non-custodial parent
to maintain a child to parent relationship that will be in the best
interest of the child. The court should deny visitation rights
only in those rare cases where it has been clearly and convincingly
proven that granting of visitation will cause physical or emotional harm
to children, or where a parent is unfit. Visitation rights are
enforceable independently of the obligation to pay child support. NJSA 9:2-4 and Rule 5:8, New Jersey Rules of Court. NEW MEXICO
Visitation is a period of time available to a non-custodial parent,
under a sole custody arrangement, during which a child resides with or
is under the care and control of the non-custodial parent. An
award of visitation shall be determined based on what is in the best
interest of the child.
�40-4-9.1 NMSA. NEW YORK
In all proceedings for divorce or legal separation, the court shall
grant visitation as will enable the child and the non-custodial parent
to maintain a child-to-parent relationship that will be in the best
interest of the child.
Domestic Relations Law �240. New
York law allows a parent with visitation rights to withhold payment of
spousal maintenance if the custodial parent/maintenance recipient has
wrongfully interfered with or withheld visitation rights provided by a
divorce decree. However, the law clearly states that interference
with visitation is not justification for failure to pay child support.
Domestic Relations Law �241. NORTH CAROLINA
In all proceedings for divorce or legal separation, the court shall
grant visitation as will enable the child and the non-custodial parent
to maintain a child to parent relationship that will be in the best interest
of the child. Visitation rights may be denied to a non-custodial
parent only if the judge makes written findings of fact that the parent
being denied visitation rights in an unfit person to visit the child or
that such visitation rights are not in the best interest of the child.
GS �50-13.5(i). NORTH DAKOTA
In an action for divorce, the court may make such order for custody of
the children as deemed appropriate and consistent with the best interest
of the child. The court shall, upon request of the non-custodial
parent, grant such rights of visitation as will enable the child and the
non-custodial parent to maintain a parent-child relationship that will
be beneficial to the child, unless the court finds, after a hearing,
that visitation is likely to endanger the child's physical or emotional
health. If the court finds that a parent has perpetrated domestic
violence, the court shall allow only supervised visitation with that
parent, unless there is a showing by clear and convincing evidence that
unsupervised visitation would not endanger the child's physical or
emotional health. NDCC �14-05-22. OHIO
Ohio statutes have eliminated the terms, "custody" and
"visitation." Instead, the Ohio courts allocate the
parental rights and responsibilities for the care of the minor children,
in accordance with the best interest of the children. The court
may designate one parent to become the "residential parent" for
determining where the child resides the majority of the time. The
other rights and responsibilities for the care of the children would
then be divided between the parents in a manner constant with the best interests
of the the children, which includes the right of the parent who is not
the residential parent to have continuing contact with the
children. Both parents are entitled to have frequent and
continuing contact with the children, unless it would not be in the best
inters of the children. ORC 3109.04. OKLAHOMA
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The decree shall
provide a specified minimum amount of visitation between the non-custodial
parent and the child. Except for good cause shown, the decree
shall encourage additional visitation and encourage liberal telephone
communications between the non-custodial parent and the child.
Violation of an order providing for visitation rights may be enforced by
the non-custodial parent by civil contempt. Unless the custodial
parent establishes good cause for not complying with visitation provisions
of a decree, the non-custodial parent shall be entitled to recover court
costs and attorney fees expended to enforce the order.
43 Okl.St.Ann. �109 and 111.1. OREGON
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The court shall provide
the non-custodial parent with sufficient access to the child to provide
for quality parenting time. The court shall recognize the value of
close contact between both parents and the child. The court may
include in the decree a provision requiring that neither parent shall
move to a residence more than 60 miles from the other parent without
giving the other parent reasonable notice of the change of residence and
providing a copy of such notice to the court. The court shall
order modification of visitation rights if the parents submit to the
court a notarized stipulation signed by both parents and requesting such
modification together with a proposed Order. At its'
discretion, the court may order the matter set for a hearing and require
the parties to appear personally before the court. The court may
modify visitation provisions in a decree, or may terminate or modify
child support in the event visitation is denied by the custodial
parent. The court may grant this relief after motion by the parent
with visitation rights, and a court hearing where it was shown that the
custodial parent interfered with or denied, without good cause, the
exercise of the visitation rights.
ORS 107.105(1)(b), 107.159, 107.174, and 107.431. PENNSYLVANIA
Under Pennsylvania law, there is a distinction between
"visitation" and "partial custody." Visitation
is the right to visit a child, but does not include the right to remove
the child from the custodial parent's control. Partial custody is
the right to take possession of a child away from the custodial parent
for a certain period of time. The right of partial custody, as well as the
more limited right of visitation, is awarded by the court according to
what is in the best interest of the child.
23 Pa.C.S.A. �5302-5303. RHODE ISLAND
In all proceedings for divorce or legal separation, the court shall
grant visitation as will enable the child and the non-custodial parent
to maintain a child to parent relationship that will be in the best interest
of the child. The court shall provide for the reasonable right of
visitation by the non-custodial parent, except upon a showing of cause
why the right should not be granted. The court shall mandate
compliance with its order by both the custodial parent and the children.
In the event of non-compliance, the non-custodial parent may file a
motion for contempt in Family Court. Upon a finding by the court that
the order for visitation has not been complied with, the court shall
exercise its discretion in providing a remedy and shall define the
non-custodial parent's visitation in detail. However, if a second
finding of non-compliance is made, the court shall consider this to be
grounds for a change of custody to the non-custodial parent. In
all hearings regarding denial of visitation, the court shall make
specific findings of fact. When making decisions regarding visitation,
the court shall consider past or present domestic violence as a factor
not in the best interest of the children.
GLRI 15-5-16(D). SOUTH CAROLINA
In all proceedings for divorce or legal separation, the court shall
grant visitation as will enable the child and the non-custodial parent
to maintain a child to parent relationship that will be in the best
interest of the child.
1976 Code �20-3-160 and �20-7-420. If
the custodial parent fails to comply with the visitation provisions in
the divorce decree, the non-custodial parent may ask the Family Court,
by pro se Affidavit, on forms available from the Clerk of Family Court,
for a court hearing to determine whether the custodial parent should be
held in contempt or the visitation provision should be modified.
If the non-custodial parent refuses to return the child to the custodial
parent at the end of a period of visitation, the custodial parent may
ask the Family Court, by pro se Affidavit, for a hearing to determine
whether the non-custodial parent should be held in contempt.
Whenever either parent requests relief pursuant to this rule, the Clerk
of Court shall issue a court order, called a "Rule to Show
Cause," and shall attach the pro se Affidavit and a copy of the
visitation order allegedly violated, directing the other person to
appear in court at a specific time and date. The court hearing
shall be scheduled within 30 days of the date the pro se Affidavit is
filed.
Rule 27, South Carolina Family Court Rules. SOUTH DAKOTA
The trial court may allow a non-custodial parent any visitation
privileges that are reasonable and in the best interest of the child.
S.D.C.L. 25-4-45. Any party granted
visitation or custody rights to a child by a court decree may request
the court enter an order to show cause why the other party shall not be
held in contempt of court for violation of the decree related to
visitation or custody. Each violation of the custody or visitation
provisions of a court decree may be punished by imprisonment in jail,
not to exceed three days; by fine, not to exceed $1,000; or both.
The violator may be placed on probation for a period of time, not to
exceed five years. S.D.C.L. Chapter 25-4a. TENNESSEE
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The court has the power
to restrict visitation by the non-custodial parent if the court finds
that visitation is likely to endanger the child's physical or emotional
health. If the court finds that the non-custodial parent has
physically or emotionally abused the child, the court may require that
visitation be supervised or prohibited until such abuse has ceased or
until there is not reasonable likelihood that such abuse will recur.
TCA �36-6-301. TEXAS
Texas statutes have done away with the traditional concepts of
"custody" and "visitation," replacing them with new
concepts of "Conservatorship" and
"possession." If a parent is not appointed by the court
as a managing conservator of a child, then the court shall appoint that
parent to be a possessory conservator, entitling that parent to time of
possession with the child, unless such an appointment is not in the best
interests of the child or parental possession would endanger the
physical or emotional welfare of the child. Texas statutes contain
a "standard possession order" which lists a recommended
minimum schedule of possessory time by a parent who does no physically
reside with the child. There is a rebuttable presumption that the
standard possession order provides reasonable minimum possession of a
child and is in the best interest of the child. The standard order
applies to children over the age of three. The court shall issue
an order appropriate under the circumstances for possession of a child
less than three years of age. The standard possession order shall
take effect on the child's third birthday. The parties may agree
to vary from the periods of possession in the standard possession order.
V.T.C.A., Family Code �153.191-.317. UTAH
It is the expressed intent of the Utah legislature to promote visitation
because of a belief that it is in the best interest of the child to have
frequent and continuing access to each parent, and that it is in the
best interest of the parents to have frequent and continuing access with
the child, and that is in the best interest of the child to have both
parents actively involved in parenting the child. Utah
laws provide a minimum schedule for visitation with specific recommendations
for days and times for visitation, based on ages of the children.
The schedule is considered the minimum amount of visitation, with
additional time based upon the circumstances and what is in the best interest
of the children. Whenever the child
travels with either parent, the other parent will be provided with
travel dates, destinations, places where the child or traveling parent
can be reached, and the name and phone number of an available third
person who knows the child's location. When
either parent moves from the state of Utah or 150 miles or more from the
residence specified in the court decree the parent shall provide
reasonable advance written notice of the intended relocation to the
other parent. Either party or the court may schedule a hearing to
review the visitation schedule and make appropriate orders in light of
the intended relocation. Upon the motion of any party, the court may
order the parent intending to move to pay the costs of transportation
for 1) at least one visit per year with the other parent; and 2) any
number of additional visits as determined equitable by the court.
Upon the motion of any party, the court may order uninterrupted
visitation with the non-custodial parent for a minimum of 30 days during
extended visitation unless the court finds it is not in the best interest
of the child.
UCA 30-3-32 to 30-3-37. VERMONT
The Vermont courtS award "parental rights and responsibilities"
and "parent-child contact" instead of the traditional
"custody" and "visitation." Parent-child
contact means the right of the parent to have visitation with the child
if the child is not living with that parent, pursuant to the division of
parental rights and responsibilities. The extent of parent-child
contact shall be based upon the court's determination of what is in the
best interest of the child. Any agreement between the parents
which divides or shares parental rights and responsibilities, including
parent-child contact, shall be presumed to be in the best interest of
the child. The court shall refuse to approve the agreement only if
the court finds that the agreement is not in the best interest of the
child, or if the agreement was not reached voluntarily. If a
non-custodial parent who is ordered to pay child support or alimony fails
to pay child support or alimony, the custodial parent shall not refuse
to honor the non-custodial parent's visitation rights. Likewise,
refusal to honor visitation rights is not a justification for failure to
pay court-ordered child support or alimony. If the custodial
parent refuses to honor visitation rights without proper cause, the
court may restore the amount of visitation improperly denied. The
court shall conduct a hearing within 30 days of service of any motion to
enforce visitation rights.
15 VSA Sections 664-670; and 15 VSA Section 668(a). VIRGINIA
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. In determining an award
of visitation rights, the court should consider the same factors which
make up the best interests of the child for purposes of a custody
determination. CV �20-107.2. WASHINGTON
The laws of Washington have done away with the former concepts of
custody and visitation. Now both parents are required to submit
proposed parenting plans. If the court does not accept the plans
submitted by the parties, the court can make its own permanent parenting
plan which incorporates a residential schedule that designates in which
parent's home each minor child shall reside on given days of the year.
RCW �26.09.184. The court has the
power to order visitation rights for any person other than a parent when
visitation may serve the best interest of the child.
RCW �26.09.240. WEST VIRGINIA
In every action where visitation is awarded, the court shall specify a
schedule for visitation by the non-custodial parent. Upon motion
of any party, a decree or order which does not provide a specific visitation
schedule shall be modified to include a specific schedule of visitation
by the non-custodial parent.
WV Code �48-2-15(b)(1). The court
may order a visitation adjustment policy as a remedy to resolve any
dispute concerning visitation rights. A visitation adjustment
policy shall be applied to the following visitation violations: 1) where
a non-custodial parent has been wrongfully denied visitation; or 2)
where a custodial parent has had his or her right to custody infringed
upon by the actions of a non-custodial parent who has abused or exceeded
his or her right of visitation. Visitation shall be adjusted to
compensate for the same type and duration as the visitation that was
denied by the custodial parent or exceeded by the non-custodial
parent. The court shall thereafter keep an accurate record of
alleged visitation violations. Subsequent claims of violations shall be
reported promptly to the court. Notice of the violation shall be
given promptly to the other parent. Visitation shall be adjusted
accordingly. A Complaint of visitation violation may be treated as
a civil or criminal contempt proceeding. WV Code �48A-5-7. WISCONSIN
In all proceedings for dissolution of marriage or legal separation, the
court shall grant visitation as will enable the child and the
non-custodial parent to maintain a child to parent relationship that
will be in the best interest of the child. The court has the power
to restrict visitation by the non-custodial parent if the court finds
that visitation is likely to endanger the child's physical or emotional health
or impair the child's emotional development. A parent's failure to
pay child support because of the parent's inability to do so shall not
be sufficient cause for denial of visitation. The court shall
modify an Order granting or denying visitation rights whenever
modification would serve the best interest of the child. if the
court finds that a person has been wrongfully deprived of duly
established right to visitation, the court shall order the custodial
parent to permit additional visits to compensate for the visitation of which
the person was deprived. Wisconsin
law replaces visitation with the concept of "physical
placement." When the court makes an Order regarding custody
of a child, the court shall allocate periods of physical placement
between the parties in accordance with the best interest of the child,
and in reliance upon the factors making up the best-interest standard. Upon
petition by a grandparent, a great-grandparent, step-parent, or person
who has maintained a relationship similar to a parent-child
relationship, the court may grant reasonable visitation rights if
visitation is in the best interest of the child.
Wis. Stat. �767.24 and 767.245. WYOMING
The court may make such award of visitation as is appropriate to promote
the best interest of the child. The court shall: 1) order
visitation and specific detail to promote compliance; 2) provide for the
allocation of the costs of transporting the child for purposes of
visitation; and 3) require either parent who plans to change his or her
home, city, or state of residence, to give written notice 15 days prior
to the move, both to the other parent and to the clerk of court stating
the date and destination of the move. At
any time after the filing of an action for divorce, the court may
require divorcing parents to attend appropriate classes about how to lessen
the impact of divorce on their children. W.S. 20-2-113. |
