Also known as:parental accesses · visitation rights · access order
Written by attorneys · grounded in primary & secondary sources — see below
A right of a noncustodial parent to spend time with a child following separation or divorce. The right is granted unless the court finds after a hearing that visitation would seriously endanger the child's physical, mental, moral, or emotional health. Courts may modify an order granting or denying the right whenever modification would serve the child's best interests.
Sources & Authorities
How it applies
Common Examples
6
Grandparent Petition Over Fit Parent Objection
Rachel and Mark, fit adoptive parents of Jordan, ended contact with a former mentor after noticing the child's improved routine at home. The mentor petitioned under a state statute allowing any person to seek visitation on a bare best-interests finding. The trial court granted alternating weekends without according special weight to the parents' decision. On appeal the order is reversed because the statute failed to respect the presumption that fit parents act in their child's best interests.
Putative Father Seeks Visitation After Divorce
Michael lived with Carole and their daughter Victoria for several years before Carole reconciled with her husband Gerald. Michael filed a filiation action seeking visitation after Carole cut off contact. The court applied a statutory presumption that the husband of the mother is the legal father and limited Michael's ability to establish paternity or obtain visitation. The statute was upheld because it provided a hearing opportunity while protecting the marital family unit.
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Restatements
Dictionaries
Michael H. v. Gerald D.491 U.S. 110 (1989)
Unwed Father Denied Hearing on Visitation
Jonathan, an unwed father, had never established a substantial relationship with his child and had not supported the mother during pregnancy. After the mother placed the child for adoption with her husband, Jonathan sought to block the adoption and obtain visitation. The court denied his petition because he had not grasped the opportunity to develop a parental relationship protected by due process.
Lehr v. Robertson et al.463 U.S. 248 (1983)
Modification of Existing Visitation Order
After a divorce, Paula received primary custody of Uriah while Odell had scheduled visitation. Odell later relocated and petitioned to reduce cross-country travel. The court evaluated whether a substantial change in circumstances justified modifying the visitation schedule and whether the change served the child's best interests. The motion was denied because the existing schedule remained workable and no serious endangerment was shown.
Taylor v. Taylor353 Ark. 69, 80, 110 S.W.3d 731, 737 (2003)
Surrogacy and Parental Access Dispute
After a gestational surrogacy agreement, the intended parents sought to limit the surrogate's post-birth contact with the child. The surrogate petitioned for visitation rights. The court applied the best-interests standard and denied the petition because the surrogate had no established parental relationship and the intended parents were fit.
Johnson v. Calvert851 P.2d 776, cert. denied, 510 U.S. 874, and cert. dismissed sub nom. Baby Boy J. v. Johnson, 510 U.S. 938 (1993)
Unwed Father Objects to Stepparent Adoption
Leon never married the mother of his child and provided only sporadic support and visits. After the mother married Randall, she consented to Randall's adoption of the child. Leon objected and sought visitation. The court upheld the adoption because Leon had not developed a substantial relationship sufficient to block the stepparent adoption under state law.
Quilloin v. Walcott434 U.S. 246, 255 (1978)
Common questions
Frequently Asked
3
Does a fit parent's objection to third-party visitation receive special constitutional weight?+
Yes. Substantive due process protects a fit parent's fundamental right to direct the care, custody, and control of a child. A state visitation statute that permits any person to obtain visitation based solely on a judge's independent best-interests determination, without according special weight to the fit parent's decision, is overbroad and violates due process.
When may a court modify an existing parental access order?+
A court may modify an order granting or denying visitation whenever modification would serve the child's best interests. The court may not restrict a parent's visitation rights unless it finds after a hearing that visitation would seriously endanger the child's physical, mental, moral, or emotional health.
What showing is required before a nonparent may obtain court-ordered access over a fit parent's objection?+
A nonparent must overcome the presumption that a fit parent acts in the child's best interests. A statute that allows visitation whenever a judge believes contact would benefit the child, without requiring special deference to the parent's contrary decision, is constitutionally invalid as applied.
530 U.S. 57 (2000)Constitutional Law
…infringed on the fundamental right of parents to rear their children. The statute permitted any person to petition for visitation rights at any time and authorized the court to ordervisitation whenever it found that such visitation would serve the child’s best interest, without according any deference to the parent’s…