Step-Parent Visitation Case
Nov 24, 2014OUTCOME: The court cannot interfere with H's Constitutional right to raise his children. W's request for visitation orders was denied.
At the time H and W married, H had 3 children from a prior marriage. H had sole legal and physical custody of all 3 children. During that marriage, W was a stay at home mom and was the primary parent ... with regard to domestic and academic duties. H was the primary breadwinner. H and W decided to divorce and W petitioned the court for visitation rights to H's children, to whom she had been a step-parent for approximatley 4 years. I represented H and was successful in arguing that H has a fundamental Constitutional right to parent his children however he chooses, provided that he is not an unfit parent. The trial court read all of the authorities I advanced in support of my client's position and has ruled in my client's favor.
