Chapter 1: Parental Visitation Rights By Law

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Part I

The right of parents to visit their children is "a sacred and precious privilege" which should be enjoyed by non-custodial parents. Stewart v. Stewart, 521 N.E. 2d. 956, 960 (Ind. Ct. App. 1988) While the right to visitation is subordinate to the best interests of the child, visitation may be denied or restricted, under IC 31-1-11.5-24(a) and (b), only if the trial court finds that visitation might endanger the child's physical health or significantly impair his emotional development.

The Fourteenth Amendment of the U.S. Constitution provides, "due process and equal protection clauses recognizing a fundamental right to family integrity." Stewart, 521 N.E. 2d at 960. "A fundamental right to family integrity means that our federal constitution, as a matter of substantive due process, protects the private ordering of interpersonal relationships from state intrusion. State interference may be justified only by a compelling state interest." IC 31-1-11.5-24.

Compelling state interest does not provide a prejudicial Judge the ability to disobey the law, your constitutional rights or put their bias and political agenda ahead of these precious laws. When this happens it's "abuse of judicial power and discretion."

Indiana Visitation Rights of Non-Custodial Parent
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