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Speak Up! - View Question #149 |
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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.
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On 10/27/05
UNKNOWN from CA said:
I HAVE BEEN GRANTED VISITATION RIGHTS FOR MY STEP-DAUGHTER HERE IN CALIF. AFTER THE DIVORCE. SINCE THEN THE EX-WIFE HAS MOVED TO AZ. AND IS NOW TRYING TO HAVE MY RIGHTS TAKEN AWAY FROM ME THROUGH THE COURTS IN AZ. NOT TO MENTION THAT THE EX HAD TO LEAVE CA FOR SHE OWES FOR MANY WARRANTS HERE IN CA. ANY INFORMATION OR SUGGESTIONS FOR ME TO HEAR ABOUT?
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On 07/06/05
Christine from AZ said:
I have a 9 year old daughter who I have full custody of. She was born in chicago, and we moved to Arizona when she was 2. Her father (who is not on the birth certificate) never calls, and only sees her when I send her to Chicago to visit my family, I have filed for child support 3 years ago, and have not herd anything yet. Now he tells me he is filling for visitation rights. He has not had a job in close to a year, and has 4 other children. He also has been in and out of jail, and prison his whole life. Anyway my question is does he have the right to do this,with no paternity test?
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On 06/13/05
[email protected] from NY said:
i would like to now what i could do to have my daughter live with me she wants to live with me not her dad and girl friend .we have been in court for this. what is the age for teen to leave home if than want to live with the other parnent. thank you heidi
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On 12/09/04
Amanda D from AZ said:
My mom has custody of me but i live with my dad. Amd my dad doesn't let me see my mom. Don't i have rites to see her, or am I stuck without her until I'm 18? What can I do? PLEASE HELP ME.
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On 02/23/04
carrie from IL said:
I am a mother of two children and I am fighting for their fathers rights to be taken away. He was very abusive the whole time we were together and now he is living with another girl whole he was arrested for beating up. There is a lot of drug use and drinking that goes on there. half the time he has no food in his house. he doesnt pay any child support for either of our kids. I could not put my children in that situation and call my self a good responsible parent. some people were not meant to be parents. It is a privilage to be a parent not a right!
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