A Comparative Analysis of Non-Custodial Parent’s Visitation Right in the Law of Islamic Republic of Iran and the United States of America

One of the social problems which has unprecedentedly affected all societies in the post-world war II era is ‘Divorce’. This has, in turn, brought into notice the vital children’s health-affecting notion of non-custodial parent’s visitation right. This paper is trying to conduct a comparative study of the problem of the right to visit an unaccompanied parent with a child in two different legal systems. As a result of performing this study, it was found that the right of Actual Visitation of non-custodial parent has been officially recognized in both Iran and the US. The way such a visitation happens could be in accordance with both parents’ agreement or - when there is no place for such an agreement - the court’s decision. Visitation right, in the laws of both countries, is of the same nature; there are, nevertheless, differences between the two legal systems in relation to Virtual Visitation, its possibility, conditions, and the way it is performed, and there are differences between the two legal systems in terms of the guarantee for preventing the visitation right.