Visitation

Visitation is also called “parenting time.” When one parent has sole custody of a child, the court will let the parent who doesn’t have custody visit with the child unless there is a reason not to allow visitation. Custody and visitation are two separate issues, but they are usually decided during the same hearing.

A parent has a right to visitation, unless the court decides there is a reason, they should not have visitation rights. A visitation petition can be filed as a separate case. The court will order visitation if it is in the best interest of the child.

 

Who Can File for Visitation

A child's parents, grandparents, and siblings can ask the court for visitation. This doesn't mean that the court will give visitation.

If the child is in foster care, a parent has a right to visit with the child unless their parental rights have been "terminated." If the parent's parental rights have been terminated, this means that they do not have a right to visit the child.

 

The Visitation Hearing

The assigned Judge will have a hearing to decide on a visitation schedule if the parents can’t agree on one.

 

Help with Your Visitation Order

If you already have a custody or visitation order for your child from Family Court, you can use the Custody/Visitation Modification DIY Program to ask the court to change the order or the Custody/Visitation Enforcement DIY Program to ask the court to enforce the order if it is not being followed.