Visitation is often determined in a divorce settlement agreement, or by an award of the Court in the Final Judgment of Divorce. In the event that the parents were never married, a parent, typically the father, may seek visitation with the minor child by filing a petition for visitation. Before the Court will award visitation to a presumed father of the minor child, the Court must first determine the paternity of the biological father. Thus, a paternity test must first be taken to determine whether or not the father seeking visitation is the biological father of the minor child. If it is proven that the father seeking visitation is the biological father, visitation may be granted by the Court if the father is “fit” and if it is in the minor child’s best interest to allow the visitation.
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