Child Custody: Third Party Visitation

Question 1

Third-Party Visitation

Answer 1

There are no protected rights of a third party to have ongoing contact with the child after divorce or death of the natural parent, and third parties generally do not have standing to seek visitation if a parent is against it

Question 2

Stepparents

Answer 2

May be able to seek visitation if they previously acted in a parental capacity to the child

Question 3

Fit Parent’s Judgment

Answer 3

A fit parent has the right to have custody of their children and their judgment about visitation with third parties is given SPECIAL WEIGHT by the court

Question 4

Grandparent Visitation Act

Answer 4

A grandparent may only petition for visitation with grandchild when the parents are:

(1) Divorced;
(2) Unwed; or
(3) Deceased

Question 5

Grandparent Visitation: Factors

Answer 5

Court will balance:

(1) Rebuttable presumption that FIT PARENT acts in child’s best interest;
(2) SPECIAL WEIGHT given to their decision;
(3) Whether visitation has been permitted or denied in the PAST; or
(4) If grandparent can establish there has been MEANINGFUL CONTACT with the child

Question 6

Unwed Biological Fathers

Answer 6

If unwed fathers demonstrate a commitment to the responsibilities of parenthood they have a CONSTITUTIONAL RIGHT to visitation

Question 7

Parent Cohabiting with Third Party

Answer 7

Courts generally will not restrict visitation because a parent is cohabiting with another person, unless there is some adverse impact on the child