Child custody: visitation

Question 1

Right to visitation

Answer 1

A fit parent has a constitutional right to have contact with her children.

Generally, the noncustodial parent is allowed reasonable visitation—”parenting time”—with a minor child.

Question 2

Unwed biological fathers

Answer 2

An unwed father has a substantive due process right to have contact with his child only if the father demonstrates a commitment to the responsibilities of parenthood—e.g., participation in child rearing or providing financial support.

Question 3

Third-party visitation

Answer 3

In some situations, the courts will grant visitation to a third party, such as a stepparent.

But this is typically limited to those cases in which:

(1) the third party lived with the child for an extended period of time and
(2) acted as a de facto parent prior to the divorce.