Divorce Guide

Divorce Guide


Divorce Custody Visitation


Defining Visitation Rights:

After a divorce, the court generally awards physical custody of the child to one parent and the other parent becomes the non-custodial visiting parent. The rights awarded to the non-custodial parent ranges from the frequency, place, and duration of the visits and are referred to as visitation rights. The answers to questions such as: with which parent the weekends of the child is spent, his/her holidays, vacations etc are provided by the visitation rights in a divorce

Purpose of visitation rights:

Disputing and incompatible partners end up in courts for a divorce. However, their love for the child out of their broken marriage stands undisputed. As they are no longer together to raise the child, the court establishes visitation rights to the non-custodial parent to become a party in the care of his/her child.

It is to be noted that the visitation rights can be forfeited if the court finds the non-custodian parent guilty of child neglect, abuse or simply violating any of the stipulated guidelines of the visitation. Thus, this right should be considered as a privilege and not to be taken casually.

Visitation rights and child custody laws change slightly when the child becomes mature enough to take his/her own decisions and has different needs. Divorce visitation rights are drafted based on the age of the child who may soon grow up and thus, require a modified visitation agreement. The parents should hence, formulate the parenting plan (which is an integral part of their visitation rights) with enough room to allow certain modification also.

Duties of the ex-spouses:
  • Both the parents are expected to provide residence address, phone numbers etc and any other information regarding the childís whereabouts when he/she is with the non-custodial parent. This is to avoid child kidnapping, abduction etc which emotional parents sometimes end up doing.
  • If the ex-spouses live in far away places, they are bound to provide prior notice of their arrival and departure with their children. To avoid wastage of time, divorced partners should give prior information regarding the place where they will drop the children and ensure that the child is with the custodial or non-custodial parent all the time.
  • It is the duty of the spouse not to withhold the visitation rights of the other non-custodial parent especially when minor kids are involved. Courts stipulate that both the parents are equally significant in the raising up of the child and any violation of the rights of the other parent would result in serious action from the court.
  • Visitation schedules should be clearly discussed between the ex-spouses to avoid inconveniences to each other.
Grandparentsí visitation rights:

Information regarding visitation rights would be incomplete without elaborating on the visitation rights of the grandparents awarded by the courts. The judicial system has realized the importance of grandparents in the proper nurturing of the child and allows visitation rights to the grandparents if it is in the best interests of the child.

The entire premise is to have a healthy environment for the growth of the child. Respecting the visitation rights of the other partner a custodial parent can fully justify being as a good parent. Visitation rights hence, are important rights of the non-custodial parent as well as to the children.


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