​Parenting is More Than Making Babies

​Just as when the parents want custody and visitation, the court considers the best interest of the child. If the child developed a relationship with the adult and it would be in the best interest of the child to maintain their relationship with the adult, then the court will award the nonparent visitation. The court may decide to order visitation over the objections of one or both parents. Clearly, if both parents agree that the person should have visitation with their child, then the visitation can occur, as long as it is not a detriment to the child.

​* Nothing on this page is legal advice, neither does it create an attorney-client relationship of any sort. The material contained here is for informational purposes only. Contact us for real legal advice and an opportunity to form a relationship with great attorneys.

​What if a Parent Agrees, but the other One Does Not

The court may grant visitation to a party where one parent consents to the visitation, over the objection of the other parent, if it is in the best interest of the child.  The court may order custody to the other person if one parent agrees and the other parent is a detriment to the child.  If one spouse dies, then the family of the dead spouse is entitled to visitation if it is in the best interest of the child.

​What if Neither Parent Agrees?

The court may order visitation over the objection of both parents, but there must be a pre-existing relationship and it must be in the best interest of the child.  The court will unlikely go against the wishes of both parents if they have a reasonable position in denying the visitation or custody.  Custody is even harder for a third party to receive over the objection of the parents.  The court must be strongly convinced of the detriment.  A skilled lawyer can adequately defend you and your relationship with the child you love.