Simms v. Simms, Unpublished Decision (3-27-1998)
Simms v. Simms, Unpublished Decision (3-27-1998)
Simms v. Simms, Unpublished Decision (3-27-1998)
Opinion of the Court
DOMESTIC RELATIONS/VISITATION:
An appellate court will review a trial court's decision with respect to visitation with deference and will reverse only if the trial court abused its discretion.
A nonresidential parent's imprisonment for a term of years is an extraordinary circumstance which will support the denial of visitation. It is presumed not to be in a child's best interest to visit a parent who is incarcerated The incarcerated parent bears the burden of demonstrating that visitation between the child and parent at the place of incarceration is in the child's best interest.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.