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Visitation against Mother's Wishes
When the parents of a child are married, courts will almost always assume that both parents have an unlimited right of access to their children. Married parents will only be prevented from seeing the child if there is significant risk of abuse, or some other strong reason why the parent should not see the child.
When the parents divorce, they can agree to a custody and visitation scheme, which will usually be approved by a court. However, if they cannot come to an agreement, the court will try to determine what is in the best interests of the child, and will structure a visitation and custody scheme around that determination.
At this point, the wishes of either parent do not appear to carry as much weight as the interests of the child. If the unmarried father of a child can successfully persuade a court that additional visitation would be in the child’s best interests, the court will grant it, usually over the mother’s objections. The father’s rights to visit the child are recognized, but are weighed against the interests of the child.
Once the court has created a visitation scheme, it is not likely to change it without a change in circumstances. For example, if the mother gets a new job, and cannot spend as much time with the child as before, a court might find that it is now in the child’s best interests to spend more time with the father, even against the mother’s wishes.
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