When a parent seeks to modify or terminate the judicially approved visitation rights of a nonparent, the presumption that a fit parent acts in the best interest of his child is no longer controlling; thus, the trial court erred when it failed to articulate any substantial change in circumstances before terminating grandmother’s judicially approved visitation with child. Thus, it was not in child’s best interest to terminate visitation.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com