Michael Digiovanna v. Donna St. George

Summary

The court held that once a nonparent proves a parent-like relationship and substantial harm akin to abuse or neglect from denial of visitation by clear and convincing evidence, the trial court may not deny visitation solely because the custodial parent is likely to react harmfully. The best-interest standard governs the implementation of visitation, including counseling and restrictions, rather than whether visitation must be ordered after the threshold showing is met. The judgment was reversed and the case remanded for judgment in favor of the plaintiff and a new dispositional hearing. Palmer, J., dissenting, would have affirmed because the trial court properly considered the child's best interest and the greater harm likely to result from visitation.