Obtaining Court Ordered Visitation: The Complete Guide

Court Ordered Visitation Basics

Court ordered visitation is defined as the legal right of a non-custodial parent to spend time with their child or children during specific days and hours that the state sees fit. When visitation rights are court ordered, it means that neither parent can deny or otherwise interfere with the other parent’s visits with the child or children. The method of transferring custody from one parent to another will be explained in greater detail below. Additionally, parents must respect the rules set forth by the court when ordering visitation, because violations can result in serious consequences. The court orders visitation for several reasons. First, it is an extension of joint or shared custody, and is beneficial to the child or children and the non-custodial parent. The child deserves to have a relationship with both parents. Second, visitation allows a non-custodial parent to be involved in their child’s life. Finally, visitation can also be in the child’s best interest as a result of the child’s wishes. In some cases, a child has a strong bond with a particular parent , and the court may seek to maintain that relationship until the child is older and can choose whether or not to spend time with the non-custodial parent. There are several ways court ordered visitation can be arranged. In some cases, parents agree upon a schedule. As long as it works for everyone involved, it can be set forth in writing and submitted to the judge for approval. When there is no agreement, the request for visitation could turn into a full-blown trial, where the parent’s home is visited by a representative of the court who assesses the home environment and status of the parents. On the other hand, the other parent can also be awarded sole custody, meaning visitation could no longer be ordered by the judge for the non-custodial parent. Cases where this occurs include instances in which the non-custodial parent engaged in violent behavior or substance abuse, or where visitation with the non-custodial parent is detrimental to the child’s mental, physical or emotional stability. In those cases, supervised visitation may be ordered to prevent the non-custodial parent from exercising their visitation rights unsupervised. The court investigator assesses the suitability of supervised visits, and the non-custodial parent must abide by all rules and regulations the investigator imposes.

Who Qualifies for Court Ordered Visitation

There are various family members who have the ability to seek out court ordered visitation. Traditionally, mothers and fathers are the ones who may petition the court for visitation after a divorce or separation from the child’s mother or father. Courts do not decide who the parents are. Couples must first determine custody and then establish a visitation schedule with the other parent if appropriate.
Grandparents also have the ability to petition the court to be a part of the child’s life via visitation. A grandparent can establish their right to visitation in situations involving divorce, grandparent-grandchild relationship, guardianship, and other proceedings requiring a court action. An established presumption exists that grandparent visitation is not appropriate if a parent objects to visitation. However, courts can still allow visitation by grandparents if they believe it is in the child’s best interest and if the parents are unfit due to broader incidents such as abuse or abandonment.
Step-parents are also granted the ability to seek a court ordered visitation program. These situations occur when one party gets divorced from their spouse and their new partner wants to have a relationship with their ex-step-children. In such cases, a step-parent can petition the court for visitation rights in the best interests of the children involved.
In order for any family member to pursue court ordered visitation, the court must find that the following conditions are present:
Once a finding of a compelling reason has been established, the court may determine if continued contact with the family member is in the child’s best interest. These qualifications are based on each individual case rather than blanket rules that apply to all circumstances.

How to Apply for a Court Ordered Visitation

The first step to seeking court-ordered visitation with a child is to file a petition with your local court. The petition must include information about the child’s existing living situation, the circumstances surrounding the dissolution of the relationship between the petitioner and the custodial parent or guardians, and specifically set forth the reasons why the court should compel the custodial parent to allow visitation. Each state will have its own requirements for what must be included in a petition, so be sure to do your research thoroughly and enlist the assistance of counsel where necessary. Generally, in order to be amended the petition must either be filed with the court clerk or signed by the judge. One of the requirements for filing a petition for court ordered visitation will be the payment of the filing fee. Filing fees are determined by each individual state, and may also be different depending on whether the petition is for child custody, child support or simple child visitation. The filing costs for custody or parenting time are typically higher than those for child support, but it is essential to pay all required fees in order to move forward with your case. Once your petition has been approved, you will be required to submit the necessary documentation regarding visitation and parenting time with a child, which will typically include proposed schedules and a proposed parenting plan. In addition to your petition, you must also submit copies of any previous orders regarding custody or visitation that are currently in effect, previous temporary orders, documents showing how the children are being cared for, medical information for each child or other evidence that will show the court that it is in the best interest of the children to decree visitation.

Preparing for a Court Hearing

It’s no secret that going to court can be a stressful situation for anyone, regardless of which party you might be when it comes to your child’s visitation rights. When doing so, especially in the case of a parent who has been denied these rights for whatever reason, it is essential to understand how to prepare for a court appearance. Of course, the first step is to obtain the hearing date from the clerk of the court in your local jurisdiction. The next thing you’ll need to do is gather evidence that will present your best case for visitation. To this end, it’s a good idea to ask for it to be established that your child is old enough to express their own wishes on the matter. Children age 12 and older generally have this right, but independent preferences can really depend on the maturity of your kids. In some cases, the judge will allow your child in the courtroom to state their preferences. If the judge denies this request, you must respect that decision – so don’t argue with them or request again later. When making preparations for your hearing, be mindful to avoid discussing the matter with your child too much so that you don’t taint their decision (if they are called) to say anything other than their own, independent choices about visitation. Prepare your testimony by making notes of specific facts that you’d like to convey to the judge. Be sure to provide all relevant information (without going overboard on details), be respectful and maintain professionalism when speaking to the judge no matter what the situation. You should also prepare yourself by researching any potential questions that the judge may have and practice your delivery. As you might expect, the judge will consider many factors when determining whether to grant you visitation rights to your child. These factors may include: Once you’ve prepared, don’t forget to dress appropriately for the court hearing. As a rule of thumb, it’s always a good idea to dress in businesslike attire. You might even want to look a little bit nicer than you would for an important job interview. All of these factors will help ensure that you’re ready to present your case in the best possible light. Once you’ve shown up properly dressed, prepared, on time and with all your evidence in hand, you’re ready to make your case to the judge.

What to Expect Once the Visitation Order is Granted

When a court does grant a parent time with their child, a judge may either issue a rundown of the terms in the custody order or say that the parents have reasonable visitation with the child. But even if no terms are specified in the order, there are certain things to know about what to expect.
If your visitation order describes specific terms, you and your ex must both heed those terms. If you disobey the terms of the visitation order, your ex is likely to go back to court and petition for a different visitation schedule that would give you less time with the child or remove your time altogether (perhaps to supervised visitation).
Even though the order sets forth specific terms for visitation, you may be able to obtain an amendment to the order if your situation has changed. Several factors can contribute to the need for a change, including a change in work or health, or a new relationship. If, for instance, you moved for a new job that affected your visitation schedule, you may be able to get the visitation order amended to allow more time to drive back and forth from work. If you were unable to start a new relationship because of the visitation order, you may be able to get it amended so you can pursue your relationship.
When a court issues a visitation order, it may allow for supervised or unsupervised visitation. Unsupervised visitation means that you have time alone with your child, whereas supervised visitation means that you must visit your child with other people present at all times. Supervised visitation may be necessary for a highly abusive or neglectful parent or if the child was previously harmed while in that parent’s care. Supervised visitation may only occur at a local court family center or other approved facility, or in public at a shared apartment or park.
A visitation order may also lay out terms for who may be present during visitation with the child. These terms may come into play if you have new family members, such as a new spouse. For instance, if your spouse will be present during visitation, even when the visitation is unsupervised, you can request this specific term.
Most visitation orders set specific hours for visitation. The hours may not be exactly the same every week, but the order will likely specify what types of changes are okay and how advanced notice you need to provide the co-parent before changing a scheduled visit. The order will also specify what will happen if one parent arrives late or not at all.
A visitation order may also specify what type of transportation updates and notifications must be provided. For instance, if you live far from where you are supposed to pick up the child, the order will likely state if extra notice must be given to begin traveling to and from the destination on time.
If you have a visitation order, you should make sure you understand the terms closely. You must abide by the terms that are set forth. You also need to understand whether or not you can modify the terms so you have more flexibility.

Visitation Order Enforcement

A court ordered visitation schedule is not a mere suggestion. It is an order of the court that is meant to be complied with. If a person with visitation rights is being denied their rights, they could seek the enforcement of the visitation order through court. The standard for a civil contempt motion of this type requires the burden to be on the party seeking the enforcement to show clear and convincing evidence that there was a clear right to the relief sought by way of the Order being violated. A person seeking to enforce a court ordered schedule of visitation must first consider whether they should attempt to resolve the matter amicably with the other parent. If that is not possible , a contempt motion may be filed with the court who issued the Court Order or Judgment being violated. Unless there is an emergency, do not seek enforcement in the county where the other party resides if the underlying case was in a different county. This relates to the Transfer Statute. The contempt motion should be handled via the courthouse supervising the underlying Final Judgment or Order in question. The Court may attempt to enforce the order via Order to Show Cause or by issuing a Warrant for Arrest for Contempt of Court, which is only appropriate if the violation is ongoing and/ or persisting. The Court may also entertain money damages, attorney’s fees as part of the contempt proceedings.

Seeking Changes to a Visitation Order

It is possible to modify a visitation order any number of times in the future, so long as the modification is in the best interests of the child. For example, when an adult child reaches adulthood, the need for visitation may come to an end. However, more typically, a change in visitation is in order when there is a change in the parents’ circumstances or the child’s circumstances. A change could be caused when the custodial parent receives a promotion and moves away, when the child changes schools, when one of the parents remarries or some other change in circumstances occurs. This is not meant to be a limit – the court will review all circumstances to determine if (together or individually) the presented circumstances are sufficient to warrant a change.
Legal procedure for obtaining a modification is a bit involved. While the person requesting a change can simply ask for it, in order to have the request granted the requestor will need to present evidence of the change in circumstances and sufficiently demonstrate how the requested change in visitation is in the best interests of the child. The legal remedy for those who have unsupervised visitation is either to modify visitation or to suspend it. For those who have supervised visitation, the equivalent legal remedy is an end to visitation, or a modification to make visitation less restrictive.

Visitation’s Impact on the Child

While many people associate visitation with a parent’s right to spend time and develop a relationship with her child in the absence of custody, those rights are couched in terms of the child’s best interest. If visitation with a parent is awarded, that time spent with a non-custodial parent comes at an emotional cost to the child. While a parent’s desire to have a relationship with her child is laudable, that desire cannot come at a high cost to the child’s emotional and psychological well-being.
This blog is written by a family law attorney, not a child psychologist. Following are some examples of research that focuses on the negative impact of non-custodial parent visitation on the parent-child relationship and the child’s emotional well-being. These are not the only studies conducted; they are merely a selection that will serve to illustrate the potential negative impact of a visitation order on the welfare of the child.
In 2002 the American Psychological Association published guidelines for psychologists working with children and their families during legal proceedings. In this paper, the APA cites research that concludes that children from high conflict divorces fare better when there is limited interaction between the parents. Research reported in this paper indicates that for children of divorced parents, high conflict post-divorce parenting was associated with:
In this study, Bailey et al (2012) found that non-residential parenting had a negative impact on children, familial relationships and parental relationships. They concluded that: "Negative impacts of non-residential parenting relate to social skill deficits and peer relationship development as well as to the parent-child relationship itself, and such dysfunction contributes to inter- and intra-generational cycles of maladaptive parenting practices." (p. 1073)
Haldane and Brady (2019) concluded from their meta-review of peer-reviewed journals that "with regard to a child’s psychological functioning, there was no direct evidence of negative effects on children specifically exposed to restricted contact with an NRP [non-residential parent] where the restrictions were court ordered."(¶14) That is, while there may be evidence that non-court ordered restricted contact will have negative effects, evidence for court ordered restricted contact is very limited. Further, Haldane and Brady found varying effects on children’s psychosocial wellbeing depending on whether they were desiring or resisting contact with the NRP.
Therefore, while evidence exists to suggest a negative impact of non-court ordered restricted contact on the child’s emotional and psychological well-being, the impact of court-ordered restricted contact has not yet been fully studied. In addition, it is unclear whether the child’s impact is associated with whether the child desires or resists contact.

Legal Representation and Visitation

Having an attorney represent you in this process can be helpful. For example, they may be able to provide relevant legal information about your situation or address questions you have about the process for you. If your ex spouse does not willingly return your child to you at the time of visitation, your attorney can help you legally compel compliance with the order. The legal system can be complicated, and an attorney can be a great help in navigating it.
In instances where you do not have the money to afford an attorney, government assistance programs may be able to help you as well . Legal aid is provided by a network of non-profit organizations. These organizations can help you evaluate your case and apply for legal assistance specifically geared towards families. They may also be able to connect with you with services that are within your state.
The American Bar Association has a tool that helps you find free legal help in your state. You can also access resources at the American Academy of Matrimonial Lawyers Family Lawyer Referral Directory to look for family law attorneys near you.