Visitation by a non-parent: which statement is correct?

• A. The non-parent usually wins visitation
• B. The parent is presumed to win visitation unless strong state interest and special circumstances
• C. Visitation can be denied to a non-parent without limit
• D. The court always requires a psychologist's evaluation

Answer: (B)

The main idea is that a parent’s right to raise a child is strongly protected in visitation decisions, so the default is in the parent’s favor. A non-parent can obtain visitation only if there are circumstances strong enough to overcome that protective presumption. In other words, the parent is presumed to win unless there is a strong state interest or special circumstances that justify allowing visitation to the non-parent. This can include situations where denying visitation would harm the child or where there is a significant, beneficial relationship between the child and the non-parent, or concerns about the child’s welfare if contact is blocked. Absent such circumstances, the court will typically defer to the parent’s decision. The other statements don’t fit because non-parents don’t automatically win visitation, there isn’t a blanket rule that visitation can be denied without limit, and a psychologist’s evaluation is not universally required.