Visitation rights laws help courts to determine which individuals have access to child visitation. Child visitation arrangements may be necessary when a child’s parents have filed for divorce or separated and one of the parents is granted custody of the child.
In these cases, the non-custodial parent may be granted visitation with the child or children. There are two forms of child custody, legal custody and physical custody.
Legal custody means the parent has the right to make decisions regarding the child, including their education and religious upbringing. Physical custody refers to with which parent the child lives.
The non-custodial parent, or the parent who does not have physical custody of the child, may have child visitation rights. These rights are typically limited to the times and dates that are outlined according to a visitation schedule.
A child visitation schedule is always created keeping the child’s best interests as well as safety in mind. There are two main types of child visitation, unsupervised visitation and supervised visitation.
Unsupervised visitation is the most common arrangement. It allows the non-custodial parent to spend time with their child without the supervision of a neutral third party.
Supervised visitation requires that the parent and the child meet in a controlled environment in the presence of a neutral third party who is responsible for overseeing their interactions. In these cases, the visiting schedule will typically be set by a judge who will also assign a neutral third party to act as the supervisor.
In the majority of cases, it is the child’s parents who have visitation rights. These rights are normally automatically granted to the biological parents unless a parent expressly forfeits, or gives up, their rights to visitation or custody of the child.
It is important to note that other parties may also be granted visitation rights. This is especially true if the individual has acted as the child’s caretaker or guardian at some point.
This may include close relatives of the parents or stepparents. For example, grandparents’ visitation rights may be granted by the court.
This often occurs in cases where the biological parents are not able to care for the child for certain reasons. In Washington, D.C., there are no statutes in place that control grandparent visitation.
The rules, instead, are based on the same factors that are used to determine grandparent custody. In other words, a court may award visitation to grandparents when the parent’s objections to the visitation are unreasonable and when visitation with the grandparents would be in the child’s best interests.
Grandparents may demonstrate that visitation would be in the child’s best interest if they can show:
- The parent or parents abandoned the child or are not willing to care for the child;
- Parental custody would be detrimental to the child’s physical or emotional well-being; or
- Exceptional circumstances exist that would rebut the parental presumption.
Is There Any Way to Obtain Visitation Rights Other than Asking the Parents?
The individuals who have custody of a child or children are typically their parents. In certain cases, for example, when a child’s parents have died or divorced, the grandparents may have child custody or visitation rights.
Visitation rights and custody rights are different. Visitation rights are more limited than custody rights.
Grandparents who have visitation rights are permitted to visit the child. In many cases, grandparents may only visit the child under the supervision of the individual with child custody, such as the child’s parents or legal guardian.
Grandparents do not have an inherent right to child visitation. There are a couple of different ways grandparents may obtain visitation rights.
Grandparents may ask the child’s parent or guardian for permission. In addition, grandparents may request rights from a family court.
A Court will consider the following factors when determining whether or not to grant the request:
- How far the parents live from the grandparents;
- The grandparents’ style of life;
- Whether the grandparents engage in drug or alcohol abuse;
- The desire of the child to be visited by their grandparents;
- How attached the child is to their parents(s);
- How attached the child is to their grandparent(s); and
- Whether the parents have refused to permit the child to see their grandparents. A court is more likely to award grandparent visitation rights if a parent has refused to permit the grandparent to see the child without a good reason.
If the court grants the grandparents’ visitation request, the grandparents are permitted to visit the child. In these types of cases, a fixed visitation schedule is typically set up.
The visitation schedule will outline whose home, such as the parents or grandparents, the child will reside in on what days of the week. The schedule also addresses where the child will be picked up or dropped off.
The visitation schedule will also address with whom the child will spend special occasions such as birthdays and holidays. Typically, a court will prefer that the parents and grandparents work out a visitation schedule themselves.
If they cannot agree on a visitation schedule, the court may impose one that takes the interest of the parents, grandparents, and children into account.
Will the Court Automatically Find in Favor of the Parents?
In family law cases where a child is involved, the court will make decisions concerning the child based on the child’s best interest standard. In child custody cases, the parental preference rule usually applies, which provides preference to fit, biological parents who are willing and able to care for their children by giving them priority over anyone else.
The rule is also referred to as the parental preference doctrine or the parental superior rights doctrine. As noted above, the non-custodial parent does not have current, physical custody of the child in a child custody or child visitation agreement.
In most cases, the non-custodial parent will alternate with the custodial parent for time with the child, such as weekends. The non-custodial parent will typically be automatically granted visitation rights with the child as part of a separation or divorce agreement or order.
This is in contrast to grandparents, who typically have limited rights, if they have any rights at all.
How Do I Overcome the “Fit” Parent Presumption?
The fit parent presumption provides that, as discussed above, if a biological parent of the child is in a position to be a fit caretaker, custody will be awarded to them unless some other party can provide evidence that does so would not be in the child’s best interests. There is a rebuttable presumption that the child’s parents are fit to make decisions regarding visitation, even if that includes prohibiting grandparent visitation.
If a third party, such as a grandparent, wants to challenge this rule, they would be required to show that the child’s best interest would be better served by them than by the biological parent.
This may be accomplished if the grandparent can show:
What is the Process of Seeking Visitation Rights in D.C.?
Grandparents who are interested in obtaining visitation rights with their grandchildren in Washington, D.C. may file a petition for visitation. The courts in D.C. rely on case law to determine the scope of the visitation rights of grandparents.
As discussed above, the law does not provide grandparents with visitation rights. Courts will automatically presume that the decision by the parents to deny grandparent visitation was in the best interests of the child unless the grandparents can show otherwise.
If the grandparent can show that the parent is acting unconscionably when barring them from visitation, the court may award the grandparent visitation rights. If the parent has deserted the child, does not wish to take care of the child, or having custody of the child is harmful to the interests of the child, these may also be grounds for grandparent visitation rights.
Should I Contact an Attorney about Obtaining Visitation?
If you are a grandparent in Washington, D.C. who is interested in obtaining visitation rights with your grandchild or grandchildren, it may be helpful to consult with a Washington child visitation lawyer. Your lawyer can advise you of the laws and requirements of the area and represent you when requesting visitation rights from a court.
