Divorce Guide

Divorce Visitation Rights

Custody of the child and divorce visitation rights are two closely related issues in a divorce. When the parents of a child get separated through divorce, the court (where the divorce litigation is going on) decides on the custody of the child. In most cases the custody of the child is conferred to either one of the parents and the other one is awarded the divorce visitation rights. The visitation right is necessarily a privilege and should not be considered as an automatic right and hence, the court has the ultimate authority to decide on the issue. The visitation right allows the non custodian parent to spend time with the child and take active part in the development of the child. The divorce visitation rights are exercised by the court to ensure that the child, who is devoid of the love and care of both the parents can at least get the chance to spend some time with the parent with whom he or she is not living. In case of the joint custody obviously the divorce visitation rights are not so much of importance as the child lives with both the parents.

It is desired that both the parents honor the divorce visitation rights as ordered by the court and do not object or create intentional problems in the exercise of the visitation rights of the other spouse. In fact it is best if the parting spouses can be amicable on the visitation issue once the custodial rights are conferred. If that is not possible, a neutral third party can act as a mediator to resolve the issue and help the spouses to decide the frequency, place, time and duration of the visitation. If that is not possible for any reason the court has the power to order the divorce visitation rights. Though the custody of the child, child support and the divorce visitation rights are very closely related to each other, the issues are dealt separately by the court. In fact the court can order the non-custodian parent to pay for child support without giving the visitation rights. But under any circumstances the non-custodian parent can not denied the visitation rights by the custodian parent even if the non custodian parent fails to pay for the child support.

The court can be modify visitation rights of the non-custodian parent under a number of circumstances. For example: If there is a possibility that the child might get harmed or hurt by the non custodian parent the court can deny the visitation rights or cease the visitation rights even if it were conferred earlier. The visitation rights can be modified by the court if one of the parents files a petition for that under these circumstances – if the custodial parent relocates, if the court order regarding visitation is violated, if either of the parents changes his or her job etc.

In a nutshell, divorce visitation rights are the privilege bestowed by the court upon the non-custodian parent and offers an opportunity of regular visiting to his/her child after the divorce.

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