Child Visitation Rights: Who Gets Them and Why

Posted on October 13, 2014 by

Who can get visitation rights to spend time with a minor child?

The Juvenile and Domestic Relations district court determines who is allowed to spend time with a minor child in a manner that is in the best interest of the growth and development of the child. In most cases, the court only considers the rights of the child’s mother and father when determining visitation rights. However, any person with a legitimate interest in the child’s welfare, such as grandparents, stepparents, or relatives, may be granted visitation rights. If a person’s parental rights have been terminated by a court order or they are a relative of a person whose parental rights have been terminated, they are not considered to have a legitimate interest in the child’s welfare.

What factors does the court consider in determination visitation rights?

The primary consideration of the court is the best interest of the child. In order to determine the best interests of the child, the court will consider the following:

1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between the child and each parent and each parent’s ability to assess and meet the needs of the child;
4. The needs of the child, including important relationships with siblings, peers and family members;
5. The role of each parent has played and will play in the future, in the upbringing of the children;
6. Each parent’s propensity to support the child’s relationship with the other parent;
7. The parent’s ability to maintain a close relationship with the child and to cooperate with the other parent;
8. The reasonable preference of the child, if the court determines that the child is able to make a reasonable choice;
9. Any history of family abuse; or
10. Any other factors that the court determines are necessary.

Can parents determine visitation rights without a court order?

In certain cases, parents may agree to visitation rights without a court order. The court may refer the parents to a mediator who will conduct a dispute resolution session at no cost to the parents. The session will be conducted following guidelines provided by the court.

Child visitation rights are a complicated issue that takes into consideration many factors that affect the health and well-being of a child. Courts take this issue seriously and will apply the above factors in order to decide what visitation arrangement is in the best interest of the child.

Categories: Articles, Family Law
Contact Us Today
My husband and I just recently finalized the adoption of our son thanks to Colleen! Our situation happened FAST, and Colleen never missed a beat. Colleen, Katie and Charli were all quick to answer any questions we had and made us feel confident in their ability to provide the services needed. We were blown away at the knowledge and organization Colleen had throughout this process as well! We intend to continue to grow our family through adoption again, and will be using Locke & Quinn!
Ashley Halsey
Ashley Halsey
My wife and I worked with Colleen Quinn and her paralegal Charli (CharSalle) on my daughter's international re-adoption. We are in Fairfax, VA and they were happy to work with us even though we weren’t local to them. Everything was done by email and mail. They answered all of our questions in a timely manner and were very knowledgeable about the process. We worked almost entirely with Charli after the initial emails and phone calls and she was great to work with. They filed all of our paperwork with our court, everything went smoothly, and we received our Final Order. Charli has always kept us in the loop about the process and sent us updates. We mailed original documents back and forth without any issue. Their legal fee was very competitive and better than most attorneys in our own area. We are very pleased with their work and assistance in getting our adoption finalized. I wouldn’t hesitate to recommend them to anyone. Thank you!
Ahmed Rashid
Ahmed Rashid
Great experience!! Everything I needed they took care of with a timely fashion! Highly recommend!
Morgan Williams Seay
Morgan Williams Seay
Bob Stiepock
Bob Stiepock
Personal Injury is a challenging event on many levels in ones life. Have you experienced a moment where you were injured and need to seek legal advice? You need to make a call to Colleen Quinn today. I began to research different law firms that handled Personal Injury. I interviewed several attorneys and spoke with large practices to small firms. I was impressed by Colleens resume and her work with women and the law. I will never regret hiring Colleen and her TEAM. The word TEAM is exactly what I received through out my case. My case was attacked with professionalism and the team was always in communication with me. When I would call to ask questions or to get a better explanation I was always made to feel as if I was the only client. As my case arrived closer to the trail date, my TEAM went into full 110%+ effort and preparation. Colleen was ALWAYS seeking to settle my case with the best outcome that she could. YOU WILL NOT FIND A MORE UPFRONT, HONEST, HARDWORKING-GET IT DONE ATTITUDE THAN THE TEAM OF COLLEEN M. QUINN!! MAKE THAT CALL TODAY-YOU WONT REGET IT!!
Lisa Moore Walker
Lisa Moore Walker
Cathy Tyree Herb
Cathy Tyree Herb


Google Rating