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Child Visitation Rights

According to a research more than 50% of the children are growing-up in single parenting environment in USA. A vast majority of couples are either divorced or separated. Since children can not live with both of the parents in case they are divorced, one parent is given the physical custody and the other one is given visitation rights. Child visitation rights are given by the court to the non-custodial parent to visit the child on daily or weekly basis. The spouse who gets child custody is called custodial spouse and the one who gets the child visitation authority is a non-custodial spouse.

The deciding factor in determining child visitation rights and custodial rights is child’s best interest.

Every state in America has different laws regarding child visitation rights. Child visitation rights are greatly influenced by the proceedings and type of divorce. However, some of the set common schedules for child visitation are as follows:
  • Non-custodial spouse has the right to visit the child on alternate weekends, including 3 day holidays.
  • Non-custodial parent can spend New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving and Christmas with the child on alternate years.
  • A child can visit his or her mother on Mothers Day and his or her father on Fathers Day.
  • Child visitation rights include phoning your child if you are a non-custodial spouse.
  • You and your spouse can make any amendment in visitation schedule, if need arises, without court’s order.
  • Non-custodial parent has child visitation rights to visit the child in the mid-week.
  • A non-custodial parent can also visit the child in the school-recess.
Most of the parents prefer child custody to child visitation rights. But when it comes to child custody issue, the child is the one whose wishes are given priority. After and before assigning child custody and child visitation rights, the court consults the child and bases its decision on the child’s wishes and opinion.

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