Child custody decisions are made while taking into consideration what is in the best interest of the child and not what is in the best interest of the parents. While one parent usually receives custody while the other parent is granted visitation, there are rare circumstances where visitation is denied altogether. While a child having their parent in their life is considered to be in their best interest in most cases, the judge might be concerned about whether one of the parents is fit to be a parent.
Simply Denying Visitation Can Backfire
If you have custody of your child and there is a court order that mandates that your child see the other parent, you will want to consult with a child custody attorney. While there are some circumstances in which denying visitation might be necessary, such as if the parent is a threat to the child, you might also be at risk of being accused of violating a court order.
You will need to make a case for why you think the other parent should not be allowed visitation. For example, if you have evidence that the other parent is acting in an erratic manner, you will want to document this and will also want to ask for any witnesses who have observed the behavior to testify on your behalf.
Evidence That Can Lead to a Loss of Visitation Rights
If there is any evidence of physical or domestic abuse, the judge is very likely to deny visitation. Also, if the other parent made a previous attempt to kidnap your child or if you have evidence that they plan to kidnap your child, the court needs to be informed about this.
Oftentimes, visitation is denied because the other parent has a drug or alcohol problem that affects their ability to be a parent. If this is the case, the parent might enter rehab in an attempt to recover from their addiction and might then be granted visitation again. However, because drug recovery often involves relapse, you will need to inform the judge if there is evidence of the consumption of illicit substances.
Don't Give Up
The judge might refuse to deny visitation because they believe there is not enough evidence. However, you should continue to work with your attorney until you are able to bring a resolution to the problem. While it's usually best for a child to have both parents in their lives, there are some cases where it is not safe to do so.
To learn more, contact a child custody law firm in your area such as through https://www.molnarlaw.com.
