If a parent does not receive custody, how much access or visitation is he or she likely to receive?

That will vary with the desires of the parents and the inclinations of a judge. A standard visitation schedule is every other weekend (Friday evening through Sunday); a weeknight (for dinner); the child's winter and spring breaks in alternating years; alternate major holidays; and several weeks in the summer. If parents live far apart and regular weekend visitation is not feasible, it is common to allocate more summer vacation and school holidays to the noncustodial parent. For parents who do not like the terms "visitation" or "custody," it is possible to draft a custody and visitation order, which leaves out those terms and just describes the times at which the child will be with each parent. Instead of "visitation" and "custody," some states use terms such as "parenting time" or "access to the child."

Under what circumstances may a court deny the noncustodial parent visitation?

A noncustodial parent is entitled to visitation unless there is harm to the child. For example, if the noncustodial parent has molested the child, is likely to kidnap the child, has a long history of domestic violence, or is likely to use illegal drugs or excessive amounts of alcohol while caring for the child, a court will probably deny or restrict visitation. Visitation might be allowed only under supervision, such as at a social service agency or in the company of a responsible relative. A parent should not deny the other parent visitation without advance approval from the court unless a true emergency exists, such as a noncustodial parent coming to pick up the child while drunk or under the influence of drugs.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association