Visitation Must Be As Frequent As Possible


Visitation must be as frequent as possible consistent with the well being of the child. This is the law. Does a social worker’s schedule or budget cuts or scheduling difficulties trump the “as frequent as possible” requirement? No.

Usually, the well being of the child element is satisfied. Children want to see their parents. Therefore, it is in their well-being that visitation occur as frequent as possible.

Often social workers just meet the minimum standards and do not strive for more. Social services will often cover what the court has ordered and stop there. The courts must be urged for additional visitation at all times with motions to the court coupled with case law and scientific articles to support the request for more visitation.

Studies have shown that frequent visitation IS IN THE BEST INTEREST OF THE CHILD. These studies must be presented to social workers and courts so that they become educated about the science that backs up the legal arguments and motions presented before the courts.

Attorneys and social workers have become complacent. It is too easy for many attorneys to just accept the minimum requirement and stop pushing for more frequent visitation. In the face of scientific articles or testimony setting the foundation for the great need between increased frequent visitation, social services will be hard pressed to come up with an acceptable answer for the court to not grant increased visitation.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Carin Johnson, Johnson & Johnson, Attorneys at Law | Attorney Advertising

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