Should De Facto Parents Have Visitation Rights?
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Best Interest of Child
In a case of first impression, the Rhode Island Supreme Court held that while the written agreement between the women did not by itself give the court the jurisdiction to rule on the visitation issue, once the court accepted the written agreement between the women as valid and entered an order allowing visitation, the agreement became a court finding and order of the court and as binding on the parties as if the case had been heard on the merits.
The ruling follows similar decisions in Massachusetts and New Jersey.
These rulings indicate that custody and visitation issues surrounding children are changing to meet changing times as well as the needs of both parents and children. However, the courts continue to keep in mind that the paramount rule should be what is in the best interest of the child. And in the Rhode Island case, the court found it was in the child's best interest to continue visiting with the non-biological parent.
Herbert A. Glieberman is a family lawyer in Chicago, IL, and a member of the USLaw.com Affiliate Network. He can be reached at 19 South LaSalle Street, Suite 600, Chicago, IL 60603-1402, email: hglieber@aol.com.
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