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Child Visitation Help and FAQs

  1. Can I get visitation since I have been ordered to pay child support?
    If there is an order of support obligating you to pay support, you should petition for visitation.


  2. Can the other parent stop visitation whenever he/she chooses?
    If there is an order of visitation, the custodial parent may not intentionally interfere with the non-custodial parent's visitation.


  3. Is there a way to see my child without going to court if the other parent refuses?
    Parents have the right to reasonable access to their child(ren), however, if the custodial parent refuses you visits you should go to Family Court.


  4. If the other parent misses some scheduled visits, can I ask the court to stop visits?
    When the non-custodial parent misses excessive visits, the custodial parent may petition the court to modify or suspend visits.


  5. Can I take my child out of the state when he/she is visiting with me during the summer?
    Unless the order of visitation explicitly prohibits out of state travel, a non-custodial may travel out of the state for vacations during their visit with the child.


  6. Does a child have to visit with her other parent when he/she does not want to?
    Children should be encouraged to visit with the non-custodial parent. However, each court differs on the degree of encouragement used by the custodial parent.


  7. Can I ask the court for my child's visits with the other parent to be supervised?
    The court may order supervised visits when there is reason to believe that the child would be placed in a dangerous or volatile situation when visiting with the non-custodial parent.


  8. Can I be forced to pay travel expenses for my child's visits if the other parent is the one that moved?
    The court may direct that the custodial parent pay travel expenses for visits with the non-custodial parent, as a condition for permitting the move.


  9. Under what circumstances can I ask the court to end visits with the other parent?
    Extreme circumstances must exist for the courts to suspend the non-custodial parent's visits, the facts that arise to extreme varies from case to case.


  10. If I allow more visits than the order directs am I in violation of the court order?
    Liberal visitation is always encouraged, courts encourage parties to communicate with each other for this reason, unless there is a history of domestic violence or discord.

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