What is child visitation law?

Child visitation rights are handled by the state courts and include issues that follow divorce, separation, alimony, child support and custody. Child visitation rights are granted to non-custodial parents to allow them to spend time with their child. Here are some areas of concern that may arise with child visitation rights.

Legal disputes – The parents may not be able to agree on the visitation schedule and therefore require the assistance of the court. After a schedule is granted, one parent may have issues with the schedule and therefore request for an alteration. In other cases, disputes arise when the non-custodial parent feels that the child is taken care of poorly.

The “Best Interests of the Child” Standard – This standard looks at the best environment for the child’s physical, emotional and development welfare. The standard will also consider the parent’s emotional ties to the child, financial support, child safety, stability and home environment.

Establishing visitation rights – To establish visitation rights the non-custodial party will have to file a case in regards to the existing family law case. Parents who are requesting visitation rights, have to pay child support to be considered. If a case does not exist, then the parent who wants child support should initiate one. Fathers requesting for visitation rights will have to establish paternity and ensure that they are paying child support.

Modification of a visitation order – Modification of the order will only be considered if there is a change in either parent’s living standards, situation, income or mental stability.