What Is the Primary Purpose of Visitation?

Visitation promotes the best interest of children, not the wishes or desires of the parent. It is important for the child to maintain a parent-child relationship with the noncustodial parent, unless the court finds that visitation is likely to endanger the child's physical or emotional health.

What is a Typical Visitation Schedule?

The following are typical visitation schedules often ordered by the court:

• Reasonable visitation, is generally used when the parties are able to talk to each other.
  
  
• If parties have difficulty in talking to each other, a detailed schedule is often used, setting forth the minimum amount of visitation.

A court decides the visitation schedule to be used by the parties which may include the following:

(a) Alternating weekends, for example from Friday at 6:00 p.m. to Sunday at 6:00 p.m. every weekend;

(b) Alternating holidays;

(c) Extended summer visitation usually two to six weeks.

The visitation schedule depends on the age of the child, amount of contact the child had with the noncustodial parent, and distance that parent lives from the child.

• Supervised visitation, generally implemented by courts when the court has concerns about the ability of the noncustodial parent to properly care for or relate to the child.

Supervised visitations generally take place in the presence of a third party. Whenever possible, visitation centers should be used.

What If I'm Being Denied Visitation With My Child?

You should keep track of the dates you are denied visitation and the reason you are denied. If denied visitation, you should always ask for a date for a makeup visit. If you are denied visitation with any frequency, consider calling an attorney for help in enforcing your right to visitation.

• All arrangements for visitation are made by the parties themselves.
  
  
• The custodial parent should ALWAYS offer the noncustodial parent an alternate or makeup time for visitation.
  
  
• A custodial parent may also deny visitation if there is proof the child is not receiving proper care from the noncustodial parent. Such evidence may include bruises, not giving medication, evidence of domestic violence or sexual abuse by the noncustodial parent.
  

• Denying visitation is only justified when there is evidence that visitation is likely to endanger the child's physical or emotional health.

• The noncustodial parent is entitled to visitation with the child regardless of whether child support payments are current.

(1) If the court has ordered reasonable visitation, the custodial parent may deny visitation if they already made plans concerning the child. (Does not apply to visitation orders with schedules.)

Do Grandparents Have Visitation Rights?

Grandparents may seek reasonable visitation rights through the court. A court may grant visitation upon a finding that visitation would be in the best interest of the child and would not interfere with the parent-child relationship.

May The Custodial Parent Move With The Child?

A custodial parent may not change the residence of a child to another state except upon order of the court or with written consent of the non-custodial parent

A court order is not required if:

The non-custodial parent has not exercised visitation rights for a period of one year; or

The non-custodial parent has moved to another state and lives more than fifty miles from the child.

Reviewed March 2008
N.D.C.C Chapter 14-07
Cite: Healy v. Healy, 397 N.W.2d 71 (N.D. 1986);
Reinecke, v. Griffeth, 533 N.W.2d 695 (N.D. 1995);
N.D. Cent. Code § 14-05-22 (1997 & Supp. 2003).