Also known as: access orders · visitation order
Written by attorneys · grounded in primary & secondary sources — see below
A court order that grants a noncustodial parent or other party visitation or contact rights with a child. Modification of such an order is permitted on the parties' agreement unless the court determines that the agreement would not serve the child's best interests.
Anthony Arnold and Anita Ali had obtained an access order allowing Anita weekly visits with the child after Anthony received primary custody. The parties later agreed to reduce the visits to every other week because of the child's school schedule. The court approved the change without further inquiry because nothing indicated that the new arrangement would harm the child.
Arthur Abrams obtained an access order in Chile that entitled him to regular visits with his child. When the custodial parent planned to move abroad, Arthur invoked the order to prevent the relocation without his consent. The court treated the access order as enforceable and required the parent to honor the visitation schedule.
Select any source to read its text and confirm it supports the definition.
Audrey Ashton, a fit parent, objected to an access order that would have given her child's grandparents unsupervised overnight visits. The court had granted the order solely because it believed more contact served the child's best interests. On appeal the order was reversed because the statute failed to give special weight to the fit parent's decision.
A court may modify a final access order on a showing by a preponderance of the evidence that a substantial and continuing change in circumstances has occurred and that modification serves the child's best interests. On the parties' agreement the court may also modify the order unless it finds the agreement contrary to the child's best interests.
Supporting sources
Yes. The Due Process Clause protects a fit parent's fundamental right to direct the upbringing of the child, including decisions about third-party visitation. A statute or order that permits visitation based solely on a judge's independent best-interests determination, without according special weight to the fit parent's choice, is unconstitutional.
Supporting sources
A nonparent seeking to convert an access order into a custody order must rebut the statutory presumption that favors parental custody. The nonparent must prove by a preponderance of the evidence both a substantial and continuing change in circumstances and that the requested custody arrangement serves the child's best interests.
Supporting sources
…with the child. It contains no requirement that the parent be shown to be unfit. It contains no requirement that the visitation order be limited in duration or that it be subject to any particular conditions. The statute thus permits a court to order visitation by any person at any time, so long as the judge believes that…