Visitation rights give a person the legal ability to spend time with a child they do not live with full-time. These rights are usually given to the non-custodial parent after a divorce or separation. A court may also grant visitation to non-parents, like grandparents or close family members, in certain cases.
Visitation is different from custody. Custody gives a person the legal authority to make decisions for the child, such as where they go to school or what medical care they receive. Visitation only allows time with the child, not decision-making power.
Courts use different terms for visitation depending on the state. Some states call it “parenting time” or “residential time.” These terms usually mean the same thing. The key point is that visitation involves scheduled time with the child, usually set by a court order.
A typical visitation schedule might include weekends, holidays, or summer breaks. The schedule depends on the child’s needs, the parents’ situation, and what the court believes is best for the child.
Key Takeaways
- Visitation means time, not authority: It gives someone the legal right to spend time with a child, but not to make major decisions.
- Custody and visitation are different: Custody involves legal decision-making; visitation involves scheduled contact.
- Parents and non-parents can request visitation: Non-custodial parents, grandparents, step-parents, and other caregivers may be eligible.
- Non-parent visitation has higher legal standards: The requester must prove an existing bond and that denial would harm the child.
- Courts prioritize the child’s best interest: Judges consider safety, emotional ties, parental rights, and the child’s well-being.
- Filing requires formal steps: Petitions must be filed in court, served to parents, and supported with strong evidence.
- Visitation can be limited or denied: Courts may order supervised visits, restricted schedules, or no contact if harm is likely.
What Is the Legal Difference Between Custody and Visitation?
Custody and visitation are two separate legal terms with different meanings. Custody gives a person the right to make important decisions for a child. Visitation allows a person to spend time with the child but not make major decisions.
There are two main types of custody:
- Legal custody: the right to make decisions about the child’s health, education, and welfare.
- Physical custody: the right to live with the child most of the time.
One parent can have sole custody, or both parents can share joint custody. A parent with joint legal custody must make decisions together with the other parent. If one parent has sole legal custody, they make decisions alone.
Visitation happens when one parent does not have physical custody. The court gives them scheduled time to see the child. This is called visitation rights or parenting time. Even if a parent does not have custody, they still may have the right to visit their child.
For example, in Massachusetts, a non-custodial parent often gets visitation unless there’s proof it would harm the child. The goal is to keep the child connected with both parents when it’s safe.
Who Can Request Visitation Rights?
Visitation rights can be requested by parents or, in some cases, by non-parents who have a strong relationship with the child. The court looks at each request carefully to decide if visitation is in the child’s best interest.
The following people can request visitation:
- Non-custodial parents: A parent who does not have physical custody can ask for scheduled time with their child.
- Grandparents: In many states, grandparents can request visitation, especially if a parent has died or the child’s parents are separated.
- Step-parents: If they had a close, parent-like relationship with the child, they may qualify to request visitation.
- Other non-parents: This may include relatives or adults who helped raise the child and had a strong emotional bond.
In Washington, a non-parent can file for visitation under RCW 26.11. To qualify, they must show:
- A strong existing relationship with the child,
- That denial of visitation would cause harm to the child’s well-being.
The court does not automatically give visitation to non-parents. The person asking must prove that time with the child will benefit the child and that refusing it would cause harm. Courts also consider the rights of the parents, especially if they object.
What Are Non-Parent Visitation Rights?
Non-parent visitation rights allow people who are not the child’s legal parents to spend time with the child under a court order. These rights are not automatic and are only granted in limited situations.
Courts usually consider non-parent visitation when:
- A parent has died or lost custody
- The child lived with the non-parent for a long time
- The non-parent played a major role in the child’s daily care
- Denying contact would harm the child emotionally
In Washington State, non-parent visitation is covered under RCW 26.11. A non-parent must prove two things:
- A strong, ongoing relationship with the child that looks like a parent-child bond
- That not allowing visitation would cause harm to the child’s health or well-being
Courts place a high value on a parent’s right to decide who sees their child. If a parent objects, the non-parent must show that visitation is truly necessary to prevent harm. This makes the legal standard for non-parent visitation higher than for parental visitation.
Examples of people who may qualify:
- A grandparent who raised the child for several years
- A step-parent who helped raise the child from a young age
- An aunt, uncle, or other caregiver who took care of the child full-time during a family crisis
How Does a Court Decide Visitation?
Courts decide visitation based on what is in the best interest of the child. This legal standard helps judges protect the child’s emotional, physical, and mental well-being during custody or visitation disputes.
Key factors courts consider include:
- The child’s relationship with the person requesting visitation
- The child’s age, needs, and routine
- Any history of abuse or neglect by the person requesting visitation
- The wishes of the parents, especially if they object
- The child’s own preferences, if the child is old enough and mature
- The impact of visitation on the child’s stability and daily life
For non-parents, like grandparents or step-parents, the court also looks at:
- How much time the person spent with the child
- Whether the relationship was like a parent-child bond
- Whether denying visitation could cause harm to the child’s emotional health
In Washington, a non-parent must prove that the child would suffer actual harm if visitation is denied. The court will not grant visitation just because it might be “good” for the child.
Courts try to create a visitation schedule that supports the child’s development and protects strong family bonds—without interfering with the custodial parent’s rights.
How Can Someone File for Visitation?
To request visitation rights, a person must file a legal petition in family court. This process follows a formal legal procedure, and the person requesting visitation must meet state-specific requirements.
Steps to file for visitation:
- Prepare a petition: The person fills out court forms asking for visitation. This includes details about their relationship with the child and why visitation is in the child’s best interest.
- File with the court: The petition is submitted to the family court in the county where the child lives.
- Serve the papers: Legal notice must be given to the child’s parents or guardians. This is called “serving” the papers and must follow court rules.
- Attend a hearing: The court schedules a hearing. Both sides can present evidence, witnesses, and arguments.
- Wait for a decision: The judge reviews all information and decides whether to grant visitation based on the child’s needs and legal standards.
In Washington, non-parents must file under RCW 26.11, and the petition must include a sworn statement explaining how the child would be harmed if visitation is denied.
In Massachusetts, a grandparent can file for visitation if the parents are divorced, separated, or one is deceased. The grandparent must show that denying contact would harm the child.
Legal help is often needed since courts require strong evidence. Some states provide free forms or legal aid for low-income families.
What Are the Limits and Restrictions on Visitation Rights?
Visitation rights are not guaranteed in every case. Courts can place limits or deny visitation completely if they believe it would harm the child or disrupt their stability.
Common restrictions on visitation include:
- Supervised visitation: A neutral third party must be present during visits. This is often used when there are safety concerns or past abuse.
- Limited schedules: The court may allow visits only on certain days or for short periods, especially if the child needs time to adjust.
- No overnight visits: Sometimes the court allows only daytime visits, depending on the child’s age or relationship with the visitor.
- No contact orders: If a person is found to be a danger to the child, visitation can be fully denied.
A parent’s decision to deny visitation is taken seriously. Courts give parents constitutional rights to decide who their child sees. To override a parent’s decision, the person requesting visitation must show that denying contact would cause actual harm to the child.
Visitation orders can also be modified later. If situations change—like a move, health issue, or new safety concern—either side can ask the court to change the schedule.
Courts focus on protecting the child’s well-being, not just keeping adults connected. All decisions must follow the “best interest of the child” legal standard.