Can the Court Lawfully Suspend Visitation of a Noncustodial Parent?

In short, the answer is yes, the trial court has discretion to suspend visitation of a noncustodial parent who has a dependent child if it is in the child’s best interest and welfare. See Ala. Code § 12-15-314(a)(4). Here’s the breakdown:

Circumstances Where the Court has the Authority to Suspend Visitation of a Parent:

When the harm outweighs the benefit of the visitation in relation to the child. See Ex parte C.L. (In re: Cleburne County Department of Human Resources v. C.L.)., 358 So.3d 1151 (Ala. Civ. App. 2022).

Multiple courts have held that when a parent does not have custodial rights, the court gets to determine if the visitation of the mom or dad is in the best interest for the child. See Ex parte Bland, 769 So.2d 340 (Ala. 2000); Fanning v. Fanning, 504 So.2d 737 (Ala. Civ. App. 1987); Andrews v. Andrews, 520 So.2d 512 (Ala. Civ. App. 1987).

What Constitutes the Child’s Best Interest

Finding what the best interest of the child is can look differently in every situation. In some cases, the best interest is found when the child displays signs of extreme anxiety with respect to the parents. See Y.N. v. Jefferson County Department of Human Resources, 67 So.3d 76 (Ala. Civ. App. 2011). This could mean suicidal thoughts or behavioral issues. Other times, this looks like the visitations were creating trauma for the child. See Ex Parte C.L. (In re: Cleburne County Department of Human Resources v. C.L.).

If the court decides the trauma the visits create outweighs the benefits of the visits, visitation should be abruptly abrogated. Another way to determine a child’s best interest is by looking at the extreme reactions the child is exhibiting, both before and after the visits with the parents. Overall, the best interest standard can be found in a plethora of ways. The court looks at the picture as a whole in regard to the visitation of the parents and what effect that has on the child. The essence is that the court must find that the visits are a detriment to the child in order to suspend them.

Suspension vs. Termination

It is important to note that the suspension of visitation rights is not the same as termination of parental rights. See L.A.R. v. J.B.R., 401 So.3d 1171 (Ala. Civ. App. 2024). Suspending the visitation rights of a non-custodian does not completely cease the legal bond.

Also, the decision of suspending the visitation rights should not be reversed unless abuse of discretion is shown. See Ex parte Bland. This means that unless a party can show that the court abused its power and discretion or that the decision was in plain error, the court cannot reverse the decision.

When does this come about? Anytime a parent does not have custodial rights. This could be when the child is in foster care or when only one parent has full custody of the child.

In Alabama, a court can suspend non-custodial parental visitation rights when it is in the best interest of the child. This authority can be used to safeguard children from the non-custodial parents. It is important for foster parents to understand this authority to help protect the child in their care.

By Grace Lorimor

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