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What is a Child Visitation Letter?
A Child Visitation Letter is a document that divorced or separated parents can use to plan a visit with their child or to inform each other of a breach in their visitation agreement. In most instances, the non-custodial parent sends the letter to the custodial parent.
A parent can also use Child Visitation Letters as evidence of communication with the other parent if a dispute ever goes to court. The paper trail acts as proof of a parent’s intentions to visit their child or attempts to remedy a situation where the other parent isn’t upholding their end of a visitation agreement.
The information in your Child Visitation Letter depends on what you want to do with it.
If you’re planning a visit with your child, the Child Visitation Letter includes:
- When the visit begins and ends
- Where your child will be picked up or dropped off
- Who will pick up or drop off your child
- A list of clothing or equipment your child needs for special activities
If you’re informing the other parent that they’ve breached your visitation agreement, the Child Visitation Letter includes:
- The type of agreement outlining your visitation rights
- A description of the visitation rights your agreement gives you
- An explanation of how the other parent was non-compliant
- The amount of time the other parent has to respond to your letter
Can I change my current visitation schedule with a Child Visitation Letter?
You can’t use a Child Visitation Letter to change your current visitation schedule. The letter is only for planning a visit with your child or informing the other parent of a breach in your visitation agreement.
Changing your visitation schedule is a formal process set by child custody and parenting time laws and may end with a judge approving the proposed modifications. This process prevents a parent from changing the schedule without the approval of the other parent. It also limits the chances of the parents using the child or visitation as leverage during a dispute. The child's best interests always come first as far as the law is concerned.
For example, suppose your child visitation agreement says you get to visit your child once a week, and the other parent wants to change the visitation schedule to only once a month. In that case, they may not be able to make that change without a judge's approval. If you disagree with the proposed change to the schedule, this process gives you a chance to make a case for why the adjustment doesn't work for you.
How do I write a Child Visitation Letter?
You can create a Child Visitation Letter by completing LawDepot's questionnaire. Use our template to plan a visit with your children or inform the other parent of a breach in your agreement so you don't miss any necessary steps.
Begin your Child Visitation Letter by providing basic information about you and the other parent. This information should include:
- Names
- The children’s names
- Addresses
- Cities and states
- ZIP codes
- Your phone number and email address
Include your phone number and email address in your letter so the other parent can contact you if necessary.
Writing a Child Visitation Letter to plan a visit with your child
Use this section if you’re planning a visit with your child.
1. Specify how the visit will begin and end
Including as much information as possible about how you’ll pick up and drop off your child helps lower the chance of any confusion and starts your visit off right.
Inform the other parent of the date and time you want your visit to begin and end and whether you prefer picking up the child or have them dropped off at a convenient location. If the child is old enough to transport themselves to the visit, specify those details as well. For example, the child may walk from school or drive themselves to the meeting place.
Also, include an address and description of where the child is beginning and ending the visit.
2. State if the child needs to pack for special activities
Are you planning any special activities while your child is visiting? Maybe you're going swimming or taking a skiing trip. Use your Child Visitation Letter to let the other parent know to send the child along with the proper clothing or equipment.
If you’re traveling outside of the United States with your child, you may need a Child Travel Consent Form.
Use this section if you’re writing a Child Visitation Letter to inform the child's other parent that they breached your child visitation agreement.
1. Specify the type of agreement you have with the other parent
You and the other parent likely have an agreement outlining your visitation schedule and rights. State if your agreement is a/an:
- Divorce decree
- Court order
- Child Visitation Agreement
- Another agreement (e.g., Separation Agreement)
Include your agreement’s date in your Child Visitation Letter.
2. Outline the visitation rights in your agreement
Explain the visitation rights your agreement grants you. Use the precise wording in your agreement to reduce the chances of confusion or misinterpretation.
However, if you don’t have access to your agreement at the moment and don’t know the exact wording, summarize your rights as clearly and accurately as possible.
3. Describe the other parent’s non-compliance
Describe how the other parent didn’t comply with your visitation agreement and when the incident occurred. What’s considered non-compliance can vary from state to state, but some common examples include:
- Dropping off or picking up the child at the wrong place and time
- Keeping the child longer than agreed
- Attempting to change a visitation schedule without approval from a judge
- Denying the non-custodial parent a visit with the child
- Seeing the child outside the scheduled visits
- Permitting a person to pick up or drop off the child without the court’s authorization
Keep in mind that a parent still retains their visitation rights even if they’re behind on child support payments. These are two separate issues, and failure to pay child support isn’t a legitimate excuse to not follow with your visitation agreement.
4. State how long the other parent has to respond
In your Child Visitation Letter, let the other parent know how much time they have to respond to your concerns. You have the option of taking legal action if they don’t respond in this time frame.