Answers to Frequently Asked Questions
About Custody and Visitation
- How
do I obtain custody of my child?
- Where
can I find information about missing children?
- Can
fathers obtain custody?
- Can
a child have input into a custody decision?
- What
is supervised visitation?
- When
do grandparents or other relatives have custody or visitation rights
?
- What
happens if the non-custodial parent refuse to return the child to the
parent with custody?
- Are
visitation rights contingent on the payment of child support?
- How
do I exercise my visitation rights, if the custodial parent is denying
me access to my child?
Either one of the separated parents may
petition a court in for custody of a child. If the parties cannot agree about
who should have custody, the court will grant custody either solely to one
of the parents or joint custody to both of the parents. The standard for
granting custody in almost every jurisdiction is the "best interest of the
child."
National Center for Missing and Exploited Children
2101 Wilson Boulevard, Suite 550
Arlington, VA 22201
Phone: 703-235-3900
Hotline: 1-800-843-5678
In general, fathers can gain custody of their
children. The law in most jurisdictions no longer favors one parent over
the other. The parent seeking custody must meet the same criteria: what is
in the best interests of the child.
Courts will sometimes listen to the wishes of
older children. Courts rarely take into account the wishes of very young
children. Children who are 16 years or older may petition the court themselves
for a change in custody.
Supervised visitation means that the non-custodial
parent may not spend time alone with the child. It usually also means that
the non-custodial parent may visit the child at a particular time and in
a particular place.
Generally, the natural parents will have a presumptive
right to custody. Only in cases where the parents are found to be unfit,
or there are exceptional circumstances, will third parties be granted custody.
At any time after a divorce, grandparents may petition the court for visitation
rights.
In general, if a child is under twelve years of
age, it is unlawful to keep that child for more than 48 hours, or remove
the child from the state for more than 48 hours, after the lawful custodian
has demanded the child's return.
Are
visitation rights contingent on the payment of child support?
No. Visitation rights may not be denied to the
non-custodial parent, even though the non-custodial parent is not paying
child support.
How
do I exercise my visitation rights, if the custodial parent is denying
me access to my child?
You may seek a court order defining your visitation
rights. Violation of this court order will result in the custodial parent
being held in contempt of court.
