Visitation

The right of a non-custodial parent who is a party to a divorce or separation to visit with their children. In such cases, some courts look to the [[wex:best_interests_of_the_child|best interests of the child]].  Parents have due process rights to determine visitation by nonparents.  In Troxel v. Granville [539 U.S. 57 (2000)], the Supreme Court held that the application of a Washington state statute that allowed visitation rights to paternal grandparents after the death of the child's father violated the 14th Amendment due process rights of the mother to raise her own children.  The statute allowed any person to petition the Washington state court for child visitation rights at any time. It also authorized the court to order visitation rights for any person when in the best interests of the child.

 

 

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