Visitation
Some crime victims may need to change the amount of time they spend with their child. You may have to do this through a court order of visitation.
What is visitation?
Visitation is a schedule that says when you can spend time with your child.
The court often decides visitation as part of a custody case. If the child lives with one parent, the other parent usually has visitation.
The court considers what is best for the child. Usually, a parent has the right to spend quality time with a child, unless it would be harmful to the child.
Can I ask for visits?
You can file for visitation if you are a child’s:
- Parent
- Grandparent or
- Sibling
What if my child is in foster care?
If the court has not “terminated” or ended your rights as a parent, you have the right to visit your child.
How do I file for visitation?
If you want visits with your child, ask the court for visitation. You will need to file a petition in the Family Court in the county where your child lives.
It is free to file in Family Court.
What are the different types of visitation?
Supervised visitation is when the court orders that someone else be present during a visit between a parent and a child. Supervised visits are ordered when the court believes the child would be in danger if left alone with the parent.
The supervising adult can be:
- Family member
- Friend or
- Staff at an agency
Unsupervised visitation means the parent can visit the child alone. Most visitations are unsupervised.
What if the other parent doesn’t follow the visitation order?
If the other parent is not following the visitation order, file a petition. Ask the judge to order the other parent to follow the visitation order.
Need help? The Court’s free Do-It-Yourself (DIY) custody/visitation enforcement petition program can help you fill out your Family Court forms.
How do I change a visitation order?
If you need to change your visitation order, file a petition to ask the court. You must show the situation has changed in an important way. For example:
- There is a change in a parent’s finances or home.
- The child is abused or neglected.
- The child is asking for a change in visitation.
Need help? The Court’s free Do-It-Yourself (DIY) custody/visitation modification petition program can help you fill out your Family Court forms.