Also known as: visitation authorities · visitation right · visitation rights
Written by attorneys · grounded in primary & secondary sources — see below
The legal right of a noncustodial parent to spend time with a child after a custody determination. A court grants the right unless visitation would seriously endanger the child's physical, mental, moral, or emotional health.
Veronica Varela, a fit parent, objects to her ex-husband's parents' request for weekly overnight visits. The court finds that the proposed schedule would disrupt the child's coding camp and online projects that Veronica selected. Because the statute permits visitation solely on a best-interests finding without according special weight to Veronica's decisions, the petition is denied.
Victor and Vivian sign a separation agreement granting Victor weekend visitation in exchange for increased support. Vivian later refuses the visits, claiming the schedule harms the child's school routine. The court refuses to enforce the promise because it must independently determine that the visitation serves the child's best interests and remains subject to ongoing judicial supervision.
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Yes. When an original order grants visitation in nonspecific terms, a court without modification power may issue a temporary enforcement order that supplies concrete dates and times. The order must be time-limited to allow the parties to return to the court with continuing jurisdiction.
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Yes. A state statute that permits any person to obtain visitation based solely on a best-interests determination, without according special weight to the decisions of a fit parent, violates the parent's due process rights. Courts must presume that fit parents act in their children's best interests.
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Such a promise is unenforceable on public-policy grounds unless the custody or visitation arrangement is consistent with the child's best interests. Courts retain plenary supervision even when enforcement is not barred.
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A court may modify visitation whenever modification serves the child's best interests, but it may not restrict visitation unless it finds that visitation would seriously endanger the child's physical, mental, moral, or emotional health.
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