Child visitation is determined by a court typically to protect the emotional well-being of a child during a divorce or separation in which child custody terms must be established.
Often, the financial aspects of child support and its connection to visitation rights come into question. Child support is determined by the financial needs of the child and the responsibility of both parents to provide support. This aspect of a divorce or separation typically is treated as a separate issue, not meant to affect the terms of visitation. For example, a custodial parent still must obey the terms of visitation if the noncustodial parent is negligent in support obligations.
Frustration of child visitation rights occurs when one parent attempts to obstruct the rights of the other parent to block visitation. Sometimes, this involves a parent manipulating the child’s schedule to complicate the visitation process. On a more serious level, it involves a parent obstructing the other parent’s rights by refusing to allow visitation. Frustration of child visitation rights on any level may be cause for the court to alter or terminate the conditions of visitation.
A court may decide that the visitation rights of a parent must be conditional, thus ordering that child visitation may take place only under supervision. This can occur when a parent has shown to be abusive or neglectful of the child or when alcohol or drug addiction is ongoing. When the child’s well-being has been threatened by a parent, the court may deny or withdraw visitation rights.
Last updated: Sept. 26, 2008