Restricting Visitation

I have had a sudden rash of inquiries about restricting visitation in Mississippi.  For some reason people have gotten the idea that is the custodial parent feels the noncustodial parent is “not being nice to them” they can ask the Court to terminate visitation.  This is not the law for sure and the standard to restrict visitation is extremely high. 

The Mississippi Supreme Court dictated in Dunn v. Dunn, 609 So.2d 1277, 1286 (Miss. 1992), that there "must be evidence presented that a particular restriction on visitation is necessary to avoid harm to the child before a chancellor may properly impose the restriction. Otherwise, the chancellor's imposition of a restriction on a non-custodial parent's visitation is manifest error and an abuse of discretion." Id.  Additionally see Howell v. Howell, 56 So.3d 593 (Miss.App. 2011) finding that chancellor abused discretion in ruling that Father could not have girlfriend present overnight when kids were present.  Such restriction is extremely burdensome to the Wife especially in light of her being removed from the martial home and pending potential extended summer visitation with the minor children. 

These two cases are just a handful dealing with visitation.  Absent an extremely strong reason that actually affects the minor child, visitation cannot be restricted.  Over the years our appellate court have reversed chancellors repeatedly for not allowing overnight visitation, ordering that a parent cannot have the child around a homosexual lover, and that a parent could not take a child flying.