“Can I be denied visitation with my kid?” – The quick answer is yes, but it is not easy.
As a parent, you have a constitutionally protected status when it comes to the “care, custody, and control” of your child. This is known as the “Peterson Presumption.” This constitutionally protected presumption holds that the natural or adoptive parents of a child are entrusted to raise said child as they deem fit, and any challenge to this presumption is guarded heavily by the courts. In cases between a parent and non-parent third party, the parent would have to be shown as “unfit” or “acting in a manner inconsistent” with this constitutionally protected status. Only after meeting this relatively high burden, would a Court then look at what is in the child’s best interest moving forward.
In a custody dispute between two parents, things look a bit different. North Carolina General Statute §50-13.5(i) says the Court can deny “reasonable visitation” to a parent based on what is in the child’s best interest or based on the unfitness of a parent; however, there is no requirement to find said parent “unfit”. Although the lower courts went back and forth on such a requirement, the Supreme Court of North Carolina confirmed this in the case of Routten v. Routten, 374 N.C. 571, 843 S.E.2d 154 (2020).
If North Carolina law states “reasonable visitation” can be denied if it is in the child’s best interest to do so, “what is considered denying reasonable visitation?”
The full analysis stems down to what the Court finds in the child’s best interest. If based on the child’s best interest, a Court provides for supervised visitation or other parameters placed on how the visitation is to take place, then this is not necessarily a denial of visitation. Rather, if a parent is not granted any specific visitation or if the other parent is granted discretion to permit parenting time, then this is considered a denial of visitation.
For the Court to deny or limit visitation in such a way, clear evidence must adequately show why the denial or limitation is in the child’s best interest. A general statement of it being in the child’s best interest would not be enough.
Overall, remember this – “The right to visitation is an important, natural, and legal right, although it is not an absolute right..” and like most things in our family court system – it is a right that “..must yield to the good of the child.” In re Custody of Stancil, 10 N.C.App. 545, 179 S.E.2d 844 (1971).
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Tiffany A. Byrd
Edited by: Theresa E. Viera
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
