Routten v. RouttenAnnotate this Case
In this child custody dispute between two biological parents the Supreme Court reversed the decision of the court of appeals to the extent that it vacated the trial court's order regarding custody, holding that a trial court may grant full custody to one parent and deny visitation to the other parent under certain circumstances.
The trial court entered an amended permanent child custody order awarding sole physical custody of the parties' children to Father and denying visitation by Mother. The court of appeals vacated the order, concluding that the trial court erred in denying Mother's ability to have visitation with her children without a determination that she was unfit to have visitation with them. The Supreme Court reversed, holding that the trial court may deny visitation to a non-custodial parent, so long as the court has entered a written finding of fact that such a custody award is in the best interests of the children, without the need to have determined that the parent who has been denied visitation is deemed unfit to spend time with the children.