Restricting Visitation in Clark County
You have set visitation rights in place with your ex partner but we all know circumstances can change. You may be wanting to restrict visitation rights for a number of reasons. The main reason being that the child could potentially be in danger when they are with the non custodial parent. Other reasons for restricting visitation can be non payment of child support, disapproval of the other parents new relationship, drug & alcohol abuse or simply that the child wishes it to no longer have contact with the other parent.
The court will consider all factors when determining whether to restrict visitation rights. It is important to the court that the non custodial parent is able to maintain a relationship with the child regardless of their behavior in the past. If factors such as abuse or drugs are involved the court may order supervised visitations which can be restricted to allow the non custodial parent to see the child on a tightly controlled, limited basis. These visits may be shorter than previously allowed and usually in a public place.
The custodial parent must be able to prove their child to be in danger or that the non custodial parent is a danger to themselves. There may be police records and other documentation that can be sued to strengthen the case. The non custodial parent will be given the opportunity to share his or her side of the story to the court. In some cases the court may set out an action plan for the non custodial parent which could include rehab or counselling before visitation rights are returned.
An important factor to remember is the best interest of the child. Restricting visitation can cause a breakdown in the relationship between the child and non custodial parent. Parents who have been denied visitation may have the opportunity to later have their visitation rights restored.
Consulting a lawyer when thinking about restricting visitation rights is the best course of action. Do not attempt to restrict visitation as this may weaken the case. A parent can lose custody of their child by denying the other parent their visitation rights if there isn’t a court order denying visitation. Ultimately, the decision to restrict the non-custodial parent’s visitation rights is left to the court.