Also known as: visitation determinations · visitation order · custody visitation ruling
Written by attorneys · grounded in primary & secondary sources — see below
A judgment, decree, or other order of a court providing for the visitation of a child. The term encompasses permanent and temporary orders as well as initial orders and modifications.
Vaughn Valentine and Vera Vargas share a child under an existing visitation order. They later agree in writing to adjust the schedule so that Vaughn receives additional holiday time. The court enters the new order after confirming that the change serves the child's best interests and does not require further litigation.
After a court in one state issues a visitation determination granting Vivian Velez weekend access, the other parent relocates with the child to a second state. Vivian petitions the new state court to enforce the original order. The court treats the decree as a visitation determination entitled to full faith and credit and declines to modify it absent a showing that the issuing state has lost jurisdiction.
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It includes any judgment, decree, or court order that provides for a child's visitation. The definition covers both permanent and temporary orders as well as initial orders and later modifications.
On the parties' agreement the court may modify a custody or visitation order unless it finds the agreement is not in the child's best interest.
Yes. The Due Process Clause protects a fit parent's fundamental right to direct a child's upbringing. A statute permitting any person to obtain visitation based solely on a judge's independent best-interests finding, without according special weight to the fit parent's decision, is unconstitutional as applied.
A state must enforce a visitation determination made consistently with the PKPA by a court of another state and may not modify it unless the issuing state no longer has jurisdiction or has declined to exercise it.
…it authorizes him, pursuant to Article 21, to seek assistance from this country in carrying out the Chilean family court’s visitation order. III Although the Court recognizes, as it must, that “ ‘[t]he interpretation of a treaty, like the interpretation of a statute, begins with its text,’ ” ante, at 6 (quoting…