Visitation

Question 1

What is the natural parent preference?

Answer 1

A rebuttable presumption that a fit parent’s actions and decisions are not harmful to the child’s mental, physical, or emotional health.

Question 2

Can Parenting time be denied?

Answer 2

Yes, but because parenting is a natural right, then it can only be denied under exceptional circumstances.

Question 3

When will a trial court’s decision be overturned regarding parenting time?

Answer 3

Only if it is unreasonable, arbitrary or unconscionable. Basically, the abuse of discretion standard.

Question 4

Does visitation cover electronic communication?

Answer 4

Yes. Visitation includes in person time or time spent via electronic communication between a child and a grandparent, great-grandparent, sibling, step-parent, etc.

Question 5

What is required for a stepparent to commence a proceeding for allocation of parenting time?

Answer 5

1) A parent with majority of time is deceased or disabled and unable to perform parental duties;
2) Step parent provided for care, control, and welfare;
3) Child wishes to live with step-parent;
4) Alleged that it is in the child’s best interest to live with step-parent.

Question 6

Who is the burden on to rebut the natural parents preference?

Answer 6

The party who is challenging the parents decision making.

Question 7

Troxel v. Granville

Was Washington’s grandparent visitation statute constitutional?

Answer 7

No. The statute allowed grandparent visitation and custody. However, this interfered with the parents constitutional right to raise their children.