What are the Rights of a Non-custodial Parent?

The visitation rights of a non-custodial parent generally depend on the custody agreement or court order established during the custody proceedings. These rights aim to ensure the child maintains a meaningful relationship with both parents while prioritizing the child’s best interests. Below is an overview of visitation rights typically available to a non-custodial parent:

Standard Visitation Rights

  1. Scheduled Visitation: Non-custodial parents are usually granted scheduled time with the child, such as every other weekend, one evening during the week, alternating holidays, and extended time during summer vacations.

  2. Holiday Visitation: Specific holidays are often divided between parents, alternating each year or splitting the day, depending on the agreement.

  3. Summer Visitation: Courts often grant non-custodial parents extended visitation during summer breaks, ranging from a few weeks to an entire month.

Supervised Visitation

In cases where the court finds that unsupervised visits may not be in the child's best interest (due to concerns about safety, neglect, or abuse), supervised visitation may be ordered. Visits occur in the presence of a neutral third party or at a supervised visitation center.

Reasonable Visitation

Some agreements provide for "reasonable visitation," which allows parents to set visitation schedules flexibly. However, this approach requires effective communication and cooperation between parents.

Virtual Visitation

In cases where distance or circumstances prevent in-person visits, virtual visitation (via phone or video calls) may be included in the custody agreement to maintain the parent-child relationship.

Factors Affecting Visitation Rights

  • Child's Best Interests: Courts focus on what is best for the child when determining visitation rights.

  • Parental Behavior: A parent’s history, including criminal behavior, substance abuse, or neglect, may influence visitation terms.

  • Child’s Preferences: For older children, the court may consider their preferences when establishing visitation.

Enforcement and Modifications

If the custodial parent denies visitation without valid reasons, the non-custodial parent may file a motion to enforce the visitation order. If circumstances change significantly (e.g., relocation or concerns about the child's welfare), either parent can request a modification to the visitation agreement.

Legal Advice

Non-custodial parents should consult an attorney to understand their visitation rights fully and to ensure these rights are upheld according to the law.

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