Contact (law) - Visitation in The U.S.

Visitation in The U.S.

Generally speaking, visitation is considered only a privilege granted to the non-custodial parent of any child of the family. The standard short-distance parenting plan by the family court in most U.S. states consists of alternating weekends and some holidays, there are also medium and long-distance parental plans that allow to combine these visits into a longer stretches of time to reduce traveling. Parents normally can make variations to the state standard parenting plan or develop a different custom plan if judge approve the changes. In most of the states there is a law required that court-ordered parenting plans must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.

However, the child, at or around the age of 13, depending on the state, may have a right to testify in court about custody and parenting plan arrangements that may have a big impact on court decision.

Parents (and in most States Grandparents) frequently believe that they have "a right" to visitation or access. However, when custodial parental interference with visitation occurs, civil courts in the U.S. do not enforce their own court orders. Usually citing, "best interests of the child" and reasoning punishment of the custodial parent to enforce the visitation order would further harm the child(ren) in question. Some States are looking at changing that by making visitation interference a criminal offence.

Most noncustodial parents have visitation orders that allow the child to visit with them without any supervision, away from the custodial residence. But sometimes when there are safety problems or child abuse history, the court can set up a supervised or "safety-focused" parenting plan. Also, court can order the visitation to be supervised by a social worker, parenting coordinator, guardian ad litem, or other third party while the noncustodial parent visits with the child. This is called supervised visitation.

Parents may also agree share custody and agree to allow visitation without of going to court. In these situations, so it is seem like a court order may not be needed, it should be obtained to forestall later disputes about what the parents had previously agreed to, and to allow the courts to have some oversight over the children (which they normally have under statute and under the parens patriae power). If the parenting plan agreed by parties before the court hearing, it is called "stipulated". Judge can approve the stipulated parenting plan without of any court hearing. Judges are normally encourage parties to reach the agreement, rather than go to hearing. By statistic, most family law cases (90–95%) settle before the judge rules on them.

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