Denial of Visitation Rights
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A court can deny or restrict visitation if the court believes that the child might be in danger due to the visitation. The court usually denies or restricts visitation if for example, the non-custodial parent has molested the child, is likely to kidnap the child or is likely to use illegal drugs or excessive amounts of alcohol while caring for the child.
How Will the Visitation be Restricted?
Restricted visitation is only allowed under supervision. Normally your court judgment on visitation specifies the conditions of supervised visitation, and what role the supervisor should have. Unsupervised visitation is usually not allowed until after the batter completes a batter prevention program and doesn¿t become violent for some time.
Do the Parents Have to Meet when Transferring the Child?
No, the child can be transferred between the parents in a neutral place by a third party and the parents don't have to meet. This may be needed if there is a restraining order on one of them.
Who Can Do the Supervision?
The supervision could be done by a social service agent or by a responsible relative.
Can Visitation be Suspended?
Visitation should be suspended if there are repeated violations of the visitation conditions, the child is severely distressed because of the visitation or there are clear indications that the violent parent has threatened to harm or flee with the child.
What Happens if my Child and I Have to Go into Hiding?
If the battered parent needs to flee with his/her children, this can be a defense against "child abduction charges". If that parent flees without the children, he/she is also protected from charges of "child abandonment". This is important if, for example, one parent wants to have the custody changed. In a custody or visitation battle, if there is no history or fear of abuse and one parent hides the children, this is used against this parent.
Can I Move Away from my Abuser with my Child?
If a battered parent wants to move away from the abuser, the courts usually grant this.
Do I Need a Lawyer?
If you are seeking to protect yourself and your children, it may be wise to consult with a family lawyer to discuss what your options are. Working with an experienced family lawyer can help you understand your rights and help you deal with the complicated legal system.
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Last Modified: 06-25-2013 11:49 AM PDT
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