What Is Restricted Visitation?
"Restricted visitation" is one of the terms that gets mentioned in family court during visitation hearings. Knowing what restricted visitation is and how it could affect you and your children is important.
What is restricted visitation?
The court considers it important for a parent and child to be able to maintain a relationship, even if the parent has engaged in erratic or questionable behaviors in the past. When a parent has a history of problems like neglect, substance abuse or mental illness, the court may order that parent to be granted restricted visitation rights. This means that the parent is only allowed to see the child on a tightly-controlled, limited basis.
This may mean that the parent is only allowed very short visits. These appointments may be limited to visits in public places, or a qualified third party may be required to be present.
Does the child have to be in danger for restricted visitation to be granted?
Sometimes restricted visitation rights are granted because the parent simply hasn't had much of a relationship with his or her child, and the child doesn't know the parent that well.
How is it decided when a parent will be given restricted visitation rights?
Often, the custodial parent begins the process by expressing concerns about the visitation rights of the non-custodial parent. In many cases, the custodial parent must be able to prove that the non-custodial parent is a danger to the child or children. The custodial parent's visitation lawyer will help with this. There may be police records and other documents that can help the custodial parent prove that the non-custodial parent is not fit to be left alone with his or her children.
At the hearing to determine visitation rights, the non-custodial parent will be given the opportunity to share his or her side of the story. Ultimately, the decision to restrict the non-custodial parent's visitation rights is left to the court.
Does it ever happen that the custodial parent is denied visitation rights altogether?
Denial of visitation can happen in extreme cases. However, the court tends to place a high premium on enabling relationships between children and their parents, even when some parents have not proven to be trustworthy individuals.
If you are a custodial parent who believes that your child's non-custodial parent is a potential danger to your child, contact a visitation lawyer about your concerns. Your lawyer will be able to help you protect your child and ensure that your child gets a visitation schedule that will keep him or her safe.
For more information, contact Novenstern Fabriani & Gaudio, LLP or a similar firm.
