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Visitation Rights for Non-Custodial Parents

When a parent is granted sole physical custody of a child, the other parent, also known as the non-custodial parent, is typically awarded visitation rights. A non-custodial parent’s visitation rights are based on a number of things, including but not limited to the age and maturity of the child, occasionally the child’s wishes, and what is in the best interests of the child.

To prevent unnecessary confrontations from occurring, parenting plans are designed to cover a vast array of scenarios. Some of the details you might see explicitly outlined in a visitation schedule include:

  • Overnight visits
  • Times and locations where the children are to be picked up and dropped off
  • Weekend visits
  • A schedule for how birthdays, special occasions, and holidays are to be divided
  • Details regarding how exchanges are to be made

It is also important to remember that although family courts prefer both parents to remain involved in the lives of their children, child visitation rights are a privilege and a judge can limit these visitation rights. In fact, there are many ways in which a non-custodial parent’s visitation rights can be severely limited, including supervised visitation. Limited visitation rights are usually enforced in situations where it is believed that the parent poses a risk to the emotional and physical well-being of the child.

More Information Regarding Visitation Schedules

Visitation schedules are just as unique as the families involved and, therefore, they can be arranged in any number of creative ways to accommodate a family’s needs and to serve the best interests of a child.

That said, a visitation schedule often includes the following:

  • Phone and email contact for the parent who does not have custodial custody
  • Division of major holidays
  • Alternating years to celebrate birthdays
  • Middle of the week visitation for the non-custodial parent
  • Alternating weekend visitations, including three-day weekends
  • How emergency situations are to be handled 

Not Allowing the Children to Visit the Non-Custodial Parent

Any time either parent interferes with a child’s ability to maintain a relationship with their other parent, it will reflect poorly on them in court. When a custodial parent refuses to allow the non-custodial parent his or her court-ordered visitation rights, it may serve as grounds for a modification of custody. If your co-parent is refusing you your right to scheduled visitations with your children, it is important to do what you can to document these incidents, include dates, times, and what was said. If possible, try to conduct all of your correspondence in writing, so you have proof of your co-parent’s refusal of your rights.

Contact Our Experienced Child Custody Attorney!

If you have questions about your rights as a non-custodial parent, your co-parent is refusing your visitation rights, or you are experiencing other issues regarding your current parenting plan, you need to speak to a child custody attorney to learn your legal options. At Galmiche Law Firm, P.C., our child custody attorney has more than three decades of experience in assisting clients through a variety of child custody matters.

Get the advice you need today and contact our law office at (636) 552-4841 to request a case review with our knowledgeable child custody attorney.