In most cases, the court wants the child to have a relationship with both parents. When one parent has sole custody, the court will let the parent who doesn't have custody have visits with the child and spend time with the child unless there is a good reason for the parent not to have visitation.

Custody and visitation are two separate matters but they are usually decided during the same hearing. 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. Visitation is also called "parenting time".


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 his or her 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

Usually, a child's parents can agree on a visitation schedule on their own. But, if the parents can't agree then the Judge will have a hearing to decide on a visitation schedule, unless there is a good reason for one parent not to have visitation.


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 it if it is not being followed.


Chat with us to find legal information and free legal services near you.

YouTube DIY Forms Ask a Law Librarian