Do I have to give my ex-spouse visitation?

This issue is usually dealt with in the divorce. Normally, the divorce judgment will give one parent primary physical custody, and the other parent will get visitation, or parenting time. Usually, there will be a set schedule. If there is a schedule, it has to be followed, unless both parties agree to change it. If one party wants change it, they can file a petition in Family Court.

However, some divorce judgments do not have a schedule. They may say “as agreed to between the parties,” or something similar. In that case, the custodial parent does not have to give visitation. The other parent has a right to file for visits, usually in Family Court. Then the court must decide what is in the best interest of the children.

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