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Question: What is the process of court to receive visitation rights?

Answer: The answer to this question depends on the relationship of the person who wants visitation rights to the child. A father would need to establish paternity and usually visitation will be established in the same action. He must file a petition in Superior Court to establish paternity. If he has been established as the father, he must file a petition to establish custody and visitation. (He is the father if he was married to the mother when the child was born, or if he has gotten an order of paternity from the Superior Court.)

Other people may also file petitions for visitation. Grandparents may file under some circumstances. Any person who has established a relationship with a child that is almost that of a parent ('in loco parentis') can also file. This relationship would be if the child lived with the person for a significant period of time.

Visitation will be granted by the court if the court finds that the visitation will be in the best interests of the child. What this means depends entirely on the circumstances.

If the other party (the mother for example) doesn't want the visitation to take place, she will present evidence why visitation is not in the best interests of the child.

The judge will decide whether to grant visitation,and will issue orders about how much visitation to grant.
Comments
11 thru 14 of 14 comments
On 02/11/04
DAYRA from NY said:
I WANT TO KNOW HOW COULD I HAVE VISITATION OF MY DAUGHTHER I AM THE MOTHER AND I WILL LIKE TO NOW
On 02/04/04
Claudia from NC said:
I don't the other parent shold have visitation if they are abusive and don't have the best living conditions for the child and can't be a good role model for the child.
On 02/04/04
Claudia from NC said:
I don't htink the other parent shold have visitation if they are abusive in every way posible That would just be telling the child that its OK to be abusive and also if the people they live with only want to party and use drugs. That is NOT a good place for a child to grow up in. Also when if I get a great job that will be good for me and my sons life but I can't go becuase the father dons't let me? That is NOT right either. I don't want to live with help from the goverment my whole life specially since I did have dreams before I got pregnant and I was never even married to the father.
On 12/09/01
STEPHANIE from MS said:
I THINK A CHILD SHOULD NOT HAVE TO VISIT WITH THE OTHER PARENT IF THEY CHOOSE NOT TO WHEN THEY REACH THE AGE OF 13.
11 thru 14 of 14 comments


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