4/2/19 Visitation rights

When a court awards exclusive child custody to one parent, the non-custodial parent maintains the right to see and visit the child, absent extraordinary circumstances. As visitation rights stem from the fact of parenthood, an express prohibition must exist in the divorce decree in order to deny such rights. Visitation rights may also be granted to other persons, such as the child’s grandparents.
Courts generally consider the wishes of the child when reviewing custody and visitation issued. Such wishes may be granted but that will depend on the child’s age and maturity, as well as what the court concludes is in the child’s best interests.

Useful language:

  • To award child custody to someone
  • One parent – Custodial and non-custodial parent
  • Child / Minor
  • Parenthood
  • Divorce decree
  • To grant a right / to deny a right
  • in the child’s best interest

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