Denial of Visitation in Extreme Circumstances

The endangerment standard has been described as onerous, stringent and rigorous; parents have a natural or inherent right of access to their children, and because sound public policy encouraged the maintenance of strong family relationships, even in post-divorce situations only extreme circumstances allow courts to deprive a parent of visitation.  (In re L.R.)

Courts are reluctant to deny all visitation rights because of the underlying rationale that parents have a natural or inherent right of access to their children and the sound public policy that this state encourages the maintenance of strong inter-family relationships.  (Frail v. Frail)

Discretion of Court

In General

The court has broad discretion in determining visitation rights of the non-custodial parent, with the best interest of the child being the primary concern.  (In re Dobey)

The matter of visitation privileges rests in the broad discretion of the trial court. (Frail) 

The burden of determining visitation rights of the non-custodial parent falls initially on the circuit court, which has been endowed by the General Assembly with broad discretion.  (Valencia v. Valencia)

Abuse Not Shown

There was no abuse of discretion in the circuit court’s resolution of visitation issues where father was granted visitation with daughter pursuant to the report of the court appointed psychiatrist.  (In re Campbell)

The trial court properly exercised its discretion in modifying the visitation provisions of the divorce decree.  (Flanagan v. Flanagan)

Appellate Review

The trial court is vested with wide discretion in resolving visitation issues; The appellate court will not interfere with the lower court’s determination unless an abuse of discretion occurred or where manifest injustice has been done to the child or parent.  (In re Diehl)

A circuit court possesses broad discretion in awarding visitation rights and the court’s award will be modified on appeal only if it causes manifest injustice to the child ro either of the parents.  (McManus v. McManus)

See Also:

Reluctance or Refusal to Visit a Parent

Interference with Contact/Visitation Abuse

Helping Children Deal with Visitation 

Child Representation