• Home
• Free Legal Information
• Builders & Realtors
• About Us
• Areas of Practice
• Community Service
• Contact Us
• Blog

Do Bad Parents Always Get Visitation?

December 2010

This free email newsletter provides free legal information you can use in your own life. It is written by the attorneys at Andrews, Bongar, Starkey & Clagett, a full service law firm. Visit our website, SouthernMarylandLaw.com, for free legal information on topics like bankruptcy, personal injury, workers’ compensation, family law, criminal law, and a lot more. If you need an attorney, feel free to contact us. Call us anytime toll free from anywhere in Maryland, at 1-888-SMD-LAW1 (763-5291).

Disclaimer: This is general information about Maryland law. It is not legal advice, and there is no attorney-client relationship until you meet with an attorney and sign a retainer. Effective legal advice depends on understanding the unique facts of your situation. If you have a legal question, get advice from a lawyer before proceeding. That is the best advice we can ever give you.

The holiday season is one of the most agonizing and combative times for divorced parents of minor children. Child visitation is always an issue over the holidays, and it seems nobody ever gets exactly what they want. Unfortunately, it happens to be one of the busiest times for attorneys.

Our clients will often ask us, why should he/she get visitation at all? He/she is a bad parent because of (fill in the blank). Often the accusation is 100% true. What do you do then? Does a bad parent always get visitation? The answer may surprise many of you.

Technically, the answer is “no.” In reality, the answer is most often “yes.” Every dispute over children is decided based on what the Court feels is the “best interests of the child.” This is sort of a loosey-goosey standard. There are legal standards and guidelines for determining the best interests of the child in most situations. However, the Court can ultimately do what it thinks is best.

A Court does have the right to deny a parent visitation if it is in the best interests of the child. However, in reality, this almost never happens. The Court will almost always find that it is in the best interests of the child to see both parents. It will not matter if one parent thinks the other is bad, or inattentive, or curses or drinks in front of the children, etc. The only thing that will likely cause a denial of visitation is evidence of gross physical abuse of a child, and even that is far from certain. All issues of visitation are decided on a case by case basis. There is no hard and fast rule.

If you believe visitation with the non-custodial parent is dangerous, the Court may order supervised visitation. This is much more likely than no visitation at all. Another person will have to be present, such as a grandparent or other relative trusted by the custodial parent. Or visitation can occur in an agreed upon location like a therapist’s office. But in 99% of the cases, visitation will occur. The Court will almost always find that visitation is in the best interests of the child.

Because all cases of child visitation and custody are unique, and the specific facts make a big difference in what the Court will likely do, it is always wise to get a consultation with an attorney before making any big decisions about custody and/or visitation. Most attorneys (including us) offer a reasonable fee for a consultation so you can spend some time with an attorney face to face and get the analysis and advice you really need.

It is impossible to be specific in cases of divorce and child custody because the specific facts make all the difference. However, our website, SouthernMarylandLaw.com, does offer some very good articles about the divorce and child custody process so you will know your rights before hiring an attorney. Feel free to pass on this information to anyone who needs it.

You are receiving this newsletter because you signed up for it, or you are a client of our firm. We do not spam. If you wish to unsubscribe, please follow the directions below. This content is written by Tucker Clagett, a Partner at Andrews, Bongar, Starkey & Clagett, a full service law firm with offices in Waldorf & Lexington Park. If you have questions or comments or topic suggestions, please feel free to email me directly. Thank you for reading.

Request Information through our automated email form, but read the rules on this page first.

Sign up for our free newsletter

More legal info & tips to keep you safe.
For examples of past issues, click here.