The visitation rights of non-custodial fathers should be discussed with a licensed family law attorney. Each divorce may present unique circumstances, which may lead to different agreements regarding custody and visitation. The family law court has a say in the visitation rights of the non-custodial parent and acts in the best interests of the child when determining custody and visitation.
There are two types of custody that must be determined in cases of divorce. Legal custody refers to who makes the important decisions in the child's life such as education, religion and healthcare. In many cases, the court will reward joint legal custody to both parents so that they both have a right to make these decisions.
Physical custody refers to which parent the child will live with. Just because sole physical custody is granted to one parent doesn't mean the non-custodial parent does not have the right to visit their child. The judge and the parents will often work out a schedule for visitation for the non-custodial parent. In many cases this may include the right to see the child on the weekend or every other weekend, although this may vary greatly on a case by case basis.
In some cases, joint physical custody will be granted. When this is the case, the child will spend a fair amount of time with both parents. Determining which scenario is in the best interests of the child is the goal of the family law judge in determining custody and visitation.
Both parties are encouraged to obtain court orders granting custody and visitation rights. Without court orders, it may become more difficult to exercise one's visitation or custody rights. Those seeking further information regarding visitation and custody are encouraged to speak with a family law attorney. This is usually the best resource for information regarding family law matters including the visitation rights of divorced fathers.
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