Child Custody: When the Court Restricts Visitations

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lawyersAfter a divorce, the court decides which parent gets to have custody of the child or children. The non-custodial parent signs an agreement on when they could visit the kid. Despite this, the court has the power to restrict these visits. But before we could talk about that, it is important to clarify why the court allows visitations in the first place.

The Rationale

Every law follows a rationale. In the case of visitations after a divorce, it is the belief that regular interaction with both parents is important in the development of every child. In other words, whatever the grounds for divorce may be, the court still believes that every child needs to have access to both parents.

The Bases

As with any law, there is an exception to this provision. The lawyers at QuinnTakaradaLaw.com explain that practically anything that could go against the rationale may serve as a basis for the restriction of visitations, even if both parties have agreed upon specific times and dates.

Instances of physical abuse and violence, for instance, may merit the visitation clause invalid. Other common situations include substance abuse, sexual behavior, and the risk of child abduction. In the case of a mental illness or incarceration, the court will only issue a restriction if the visit could damage the child – physically and emotionally.

The Limitations

Although there are instances wherein it is justifiable to restrict the visit, the provision has its limitations. For instance, a custodial parent may not simply forbid the visit for no good reason. After all, the date and time specified in the agreement are part of a court order. Ergo, if the custodial parent refuses, the other parent may contact the police to enforce the said order. In severe cases, the violation of this could include jail time.

This article is simply an overview of what the law allows and otherwise. It is always best to consult a lawyer about this matter to avoid any missteps with the law.

3 Comments on "Child Custody: When the Court Restricts Visitations"

  1. William E. Rister | February 23, 2015 at 5:15 am | Reply

    Limitations are always important for any law, as these are what guides us on which actions are legal or not. As the saying goes, “there is an exception to every rule.” In the case of divorce and child custody, these limitations are a great move to ensure that the child develops fully in a healthy environment.

  2. Doris R. Cavazos | February 23, 2015 at 5:29 am | Reply

    Indeed, no child deserves to go through psychological damage just because of his or her parents’ dysfunctional marriage. The limitations are spot-on in making sure that every child is in check as they grow up. But of course, it’s always best to have both parents by your side.

  3. Conchita J. Kimball | February 23, 2015 at 5:39 am | Reply

    I’d like to know more about the limitation for parents that are incarcerated. I mean, how does the court determine if the visit would be damaging to the child? I wonder what makes the court decide whether or not the visitation would be allowed or not.

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