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What Is Visitation (Parenting Time)? The Basics

Tap through each step to understand how visitation rights work.

  1. Understand what visitation is

    Visitation, sometimes called parenting time, is the right of a parent who does not have primary physical custody after a divorce to see the child, spend time together, or otherwise stay in contact.

  2. Recognize that it is also a right of the child

    Visitation isn't only a right that belongs to the non-custodial parent β€” it also exists to make sure the child can maintain a relationship with both parents, which is why it's often described as a right of the child as much as the parent.

  3. Set the specifics through agreement where possible

    The frequency, schedule, location, and details like whether overnight stays happen during school breaks are typically worked out through agreement between the parents, and are often included in a broader parenting agreement reached alongside a mutual-consent divorce.

  4. Understand that a court decides if parents can't agree

    If the parents cannot reach an agreement, a family court will decide the method and scope of visitation, generally guided above all by the child's age and best interests.

  5. Know that visitation can be limited or suspended

    In situations where visitation would be seriously harmful to the child's welfare, a court can limit the arrangement or suspend it temporarily.

  6. Understand grandparents' visitation in limited cases

    In certain circumstances β€” for example, when a parent has died or cannot exercise visitation β€” a grandparent may, in some places, be able to petition for their own visitation with the grandchild.

  7. Know what to do if visitation isn't honored

    If the parent with custody blocks visitation without a valid reason, the other parent can generally petition the family court for an order compelling compliance.

A relationship worth protecting for its own sake

Visitation exists to preserve a child's relationship with both parents even after a divorce, and because it matters to both the non-custodial parent and the child, it's worth working out the specifics with real consideration for everyone involved, not just as a formality. This is general information about visitation rights, not legal advice β€” a family law attorney should be consulted for guidance specific to your situation.

Keeping visitation separate from other disputes

It's common for visitation to get tangled up with other unresolved issues from the divorce, especially child support, but the two are generally treated as legally separate matters. Trying to use one as leverage over the other tends to backfire and can make an already difficult situation harder on the child β€” it's usually better to address each issue on its own terms, and through the proper process, rather than informally linking them.

Frequently Asked Questions

Can I refuse visitation if child support isn't being paid?

No β€” unpaid child support and visitation are generally treated as separate legal matters, so refusing visitation on those grounds is not advisable and could itself become a problem.

What happens if the child doesn't want to see the other parent?

The child's wishes are one factor a court will consider, but they don't automatically end visitation on their own β€” the outcome depends on the specific circumstances, and a court will weigh the child's views alongside everything else.