What is visitation?

Domestic & Family (2007)

Lawcheck & Lawsonline
Section: Questions & Answers
Permanent Link: http://vlex.com/vid/454681
Id. vLex: VLEX-454681

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Summary:

When one parent has sole physical custody of the child, the other parent is awarded visitation rights. This means the other parent has the right to see the child on a regularly scheduled basis. Please see specific state for details and/or differences.

Extract:

What is visitation?

This is not a substitute for legal advice. An attorney must be consulted.

ALABAMA

The court's award of visitation rights is guided by what is in the best interest of the child. Alabama Code 30-3-1.

A court may award visitation by a parent who has committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the other parent can be made. The court may order the exchange of the child to occur at a protected setting, that visitation be supervised, that overnight visitation be prohibited, or other steps to protect the child and insure that the child's best interest is being followed.

Alabama Code 30-3-135.

ALASKA

The court shall grant visitation which is in the best interest of a child. Alaska statutes provide for a specific cause of action by a parent with visitation rights against the custodial parent if there has been failure by the custodial parent to permit visitation with the minor child. When a court order is specific as to when a custodian of a minor child must permit another person to have visitation, and the custodian fails, willfully and without just excuse, to permit visitation in substantial conformance with the court order, then the person entitled to visitation may seek damages against the custodian. The amount of damages is $200 for each failure of the custodian, willfully and without just excuse, to permit visitation with the child for substantially the length of time and substantially in the same manner as specified in the court order. This amount may not be increased or decreased once liability has been established. If the court determines that the custodian's refusal is a single continuous period of visitation, then the custodian is not liable for more than one failure. The prevailing party in an action commenced under this law is entitled to recover a reasonable attorney fee. "Just excuse" includes illness of the child which makes it dangerous to the health of the child for visitation to take place. "Just excuse" does not include the wish of the child not to have visitation with the person entitled to visitation.

AS 25.20.140.

ARIZONA

A parent not granted custody of the child is entitled to reasonable visita...

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