Also known as: visit · visits · visited · visiting · visitations · visitation rights · parenting time
Written by attorneys · grounded in primary & secondary sources — see below
A noncustodial parent's or relative's court-ordered period of access to a child. The right is subject to the presumption that a fit parent acts in the child's best interests and may be enforced or modified only under statutory criteria that respect parental authority.
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After Valerie Viera's daughter died, Valerie petitioned for visitation with her grandchildren over the objections of the surviving father, Vincent Valdez. The court applied the presumption that Vincent, as a fit parent, acts in the children's best interests and denied the petition because the statute required no special weight to his decision. Visitation was refused.
Virgil Volpe and Vivian Vaughn executed a written separation agreement that set a detailed visitation schedule for their two children. The agreement was presented in their dissolution proceeding. The court accepted the visitation terms as part of the amicable settlement of their marital disputes.
Vincent Valdez, an unmarried biological father, regularly visited his newborn, paid support, and admitted paternity. When the mother placed the child for adoption, Vincent objected and sought visitation. The court recognized his constitutionally protected opportunity to develop a relationship and granted him visitation rights.
Vanessa Vinson obtained a visitation order in State B that lacked a specific schedule. She registered the order in State A where the child now resided. The State A court issued a temporary order enforcing the visitation provisions while Vanessa sought a modification in the appropriate forum.
Vera Vu and Virgil Volpe agreed to arbitrate their family law dispute over parenting time. The arbitrator treated the disagreement as a child-related dispute that included visitation rights. The resulting award set a revised visitation schedule that the court later confirmed.
Vivian Vaughn and Vincent Valdez submitted a separation agreement containing visitation provisions. The court examined the economic circumstances of the parties and found the visitation terms satisfactory. The court incorporated those terms into the dissolution decree without modification.
Yes. A presumption exists that fit parents act in their children's best interests. A statute allowing visitation based solely on a judge's best-interests determination without according special weight to the parent's decision violates due process.
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Yes. Parties to a marriage may enter a written separation agreement that contains provisions for the visitation of their children. The agreement is presented to the court in a dissolution proceeding.
…to pick and choose only a few to whom they will apply legislation and thus to escape the political retribution that might be visited upon them if larger numbers were affected." Railway Express Agency, Inc. v. New York , 336 U. S. 106, 112-113 (1949) (concurring opinion). That this law as applied to private, consensual…
…against Balk, a resident of North Carolina. Harris, another North Carolina resident, owed money to Balk. When Harris happened to visit Maryland, Epstein garnished his debt to Balk. Harris did not contest the debt to Balk and paid it to Epstein's North Carolina attorney. When Balk later sued Harris in North Carolina, this…
…stronger than the record in Michael H. v. Gerald D. , 491 U. S. 110 (1989), where the plurality found no fundamental right to
…illegitimacy has expressed through the ages society's condemnation of irresponsible liaisons beyond the bonds of marriage. But visiting this condemnation on the head of an infant is illogical and unjust. Moreover, imposing disabilities on the illegitimate child is contrary to the basic concept of our system that legal…
…hand does implicate, of course, multiple concerns unrelated to religious animosity, for example, the suffering or mistreatment visited
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An unmarried biological father must demonstrate actual manifestations of parental responsibility, such as regular visitation, payment of support, and admission of paternity. These actions establish his constitutionally protected opportunity to develop a relationship with the child.
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A court may issue a temporary order enforcing the visitation provisions of another state's child-custody determination. The order remains in effect for a period sufficient to allow the petitioner to obtain relief from a court with modification jurisdiction.
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Yes. A child-related dispute includes issues of visitation. Parties may therefore submit visitation disagreements to arbitration under an applicable family law arbitration statute.
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Terms concerning visitation are not automatically binding. The court reviews them for unconscionability after considering the parties' economic circumstances and any other relevant evidence before incorporating them into the decree.
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