Can Visitation Be Denied or Restricted?
During divorce, separation, or child custody cases, visitation is one of the most important aspects of a parenting plan and provides children with the ability to maintain a relationship with each of their parents. The best interest of the child is the main priority when determining visitation arrangements, and although parents generally have a right to time with their children, their rights could be denied or restricted under certain circumstances. If you have questions or concerns about your parental rights and options, continue reading and reach out to an experienced Morristown child custody attorney today to discuss your situation.
Can Visitation Be Denied or Restricted?
Visitation rights can be denied or restricted if there are valid concerns about the child’s safety or well-being. In situations where the parent’s actions and behavior pose a threat to the child’s best interests, the court could impose limitations on visitation rights or revoke them altogether.
Common reasons for denying or restricting visitation include the following.
- There is evidence that the parent has been physically, emotionally, psychologically, or sexually abusive
- There is evidence that the parent has neglected or abandoned the child
- The parent has a history of or has recently developed a substance abuse problem
- There is evidence that the parent has attempted to undermine the child’s relationship with the other parent and alienate the two of them
- The parent has a history of domestic violence
- The parent has a mental illness that affects their ability to care for the child
- The parent has violated court orders or refused to comply with the custody order
If any of the above is true or there is any other reason that the noncustodial parent’s spending time with the child could put them at risk, visitation rights can be limited or outright denied.
How Can Visitation Be Restricted?
In extreme cases, a court may decide that the parent should not have any access to or communication with the child. However, oftentimes, a court will simply restrict the parent’s rights to provide the child with additional protection.
One of the most common restrictions is supervised visitation, in which a neutral third party is required to be present during visits. The third party could be another family member, a social worker, etc., ensuring that the child is safe and the parent is monitored.
Parents may be required to participate in therapeutic visitation as well, where their visits are supervised by a counselor or therapist who helps provide support.
In general, a court could restrict visitation in many ways, including dictating when, where, and for how long visits can last, prohibiting the parent from using drugs or alcohol with the child present, requiring them to submit to random drug and alcohol testing, and more.
To learn more about the ways that visitation can be restricted, reach out to an experienced family lawyer today.
