In the absence of extenuating circumstances, a parent whom does not have custody of the child is given visitation rights. The frequency and duration of the visitation depends on the desires of the parents and the judge's discretion. When the parents live relatively close to each other, common visitation times may include: alternating weeks; every weekend; every other weekend; a weeknight; major holidays; the child's winter or spring break; and extended periods during the summer. However, if parents do not live near each other, the non-custodial parent may be given extended visitation time during the summer and school breaks, because regular weekend visitation is unfeasible.
The Court may restrict or prohibit visitation if circumstances exist that lead the judge to believe the child will be placed in danger. Examples of this include child molestation, use of illegal drugs or excessive amounts of alcohol, domestic violence, or likelihood the non-custodial parent will kidnap the child. Under such circumstances, visitation may be permitted with supervision by a court-approved agency or in the presence of a responsible relative.
Practice Areas:
