Visitation Rights
Visitation right laws vary from state to state and the information provided here is a general overview. Please consult a visitation rights lawyer or attorney in your state for professional advice.
Visitation Rights
The court, insofar as it is reasonable and in the best interest of the child, shall order the custody award, including liberal visitation rights where appropriate, which will assure the child the opportunity for the maximum continuing physical and emotional contact with both parents after the parents have separated or dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent.
When determining visitation rights of a parent, the court may take into consideration the criminal history of the parent if the parent has been convicted of a criminal offense against a minor, a sexually violent offense against a minor, a or sexual exploitation of a minor. The court will refuse to grant or enforce visitation rights of one parent if that parent has been convicted of first-degree murder of the child's other parent, unless such visitation rights are in the best interest of the child.
The grandparent or great-grandparent of a child may petition the district court for visitation rights when any of the following circumstances occur: the parents of the child are divorced; a petition for dissolution of marriage has been filed by one of the parents of the child; the parents of the child, who is the child of the grandparent, or who is the grandchild of the great-grandparent, has died; the child has been placed in a foster home; the parents of the child are divorced, and the parent who is not the child of the grandparent or who is not the grandchild of the great-grandparent has legal custody of the child, and the spouse of the child's custodial parent has been issued a final adoption decree; the paternity of a child born out of wedlock is judicially established and custody has been awarded to the mother or father; a parent of the child unreasonably refuses to allow visitation by the grandparents or great-grandparents or unreasonably restricts visitation.
A petition for grandchild or great-grandchild visitation rights shall be granted only upon a finding that the visitation is in the best interests of the child and that the grandparents or great-grandparents had established a substantial relationship with the child prior to the filing of the petition.
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