How Do Courts Make Child Visitation Decisions?

Child visitation refers to the parenting time the non-custodial parent gets to spend with the child when the other parent has custody. In a joint custody arrangement, visitation is typically not an issue because both parents share time with their child.

Assuming there is no agreement between the parties, a family court judge will decide on a child visitation schedule after hearing from the lawyers. As with custody decisions, many factors are considered in this decision. The best interest of the child is always at the heart of any court ordered child visitation arrangement. The presumption is that children should have meaningful relationships with both parents.

There is no specific formula to decide child visitation. If you are the non-custodial parent, you may have to present your case to a judge to show that more visitation time with your child is in their best interest. The custodial parent can dispute this and seek to limit or block visitation.

Whether you are seeking visitation rights, or believe that the other parent of your child should have limited or no visitation rights, you need legal assistance.

The Court will consider factors that are similar to those in custody dispute. For instance, a non-custodial parent may have to show that he or she:

  • Is in a rehabilitation program or seeking assistance for harmful behavior;
  • Has a history of positive interactions with the child;
  • Completed psychological testing to support parental fitness; and/or
  • The custodial parent is interfering with his or her efforts to establish or continue a positive relationship with the child.

On the other hand, a custodial parent may wish to provide evidence to contradict the other’s fitness to visit the child. He or she may need to show that the parent:

  • Poses a physical danger to the child;
  • Has an unresolved addiction issue;
  • Is involved in criminal activity; or
  • is psychologically unfit.

Contact Langley Law Firm online or by calling (314) 216-7183 to learn more about visitation.  We are centrally located in St. Louis County near Creve Ceour and Maryland Heights, close to I-270 and Westport Plaza.  We are just minutes away from downtown St. Louis, Brentwood, Chesterfield, Clayton, Ferguson, Florissant, Ladue, Richmond Heights, Manchester, St. Charles, St. Peters and Southern Illinois. If you have questions, please do not hesitate to call our office today for a FREE consultation.

Our Location

(314) 216-7183

11756 Borman Dr., Suite 101
St. Louis, MO 63146

Our office is centrally located in St. Louis County at the border of Maryland Heights and Creve Ceour. Serving St. Louis County, St. Charles County, St. Louis City, St. Louis Region and Illinois.

Schedule Your FREE Consultation >>

Copyright: Langley Law Firm, LLC
Privacy Policy

ATTORNEY ADVERTISING DISCLAIMER: Langley Law Firm, LLC has provided the materials on this website for informational purposes only, and does not constitute legal advice. The use of this site does not create an attorney-client relationship.