A custodial parent in a divorce can make it difficult for their co-parent to see the children. However, the problem is not always the custodial parent. A non-custodial parent may opt not to exercise visitation to avoid seeing their ex-partner. Neither of these behaviors puts the child’s best interests first.
Understanding the barriers to visitation in Frisco is the first step in cultivating a healthy and balanced environment for your child. To learn more, schedule an initial consultation with our seasoned visitation attorneys today.
Many custodial parents insist that the non-custodial parent follow their rules when exercising visitation. If the non-custodial parent’s living situation does not meet the custodial parent’s standards, the custodial parent may try to deny visitation. This is legitimate in some scenarios but is generally prohibited.
A non-custodial parent’s failure to pay child support is not a legitimate reason to deny them access to the child. This can be incredibly frustrating for custodial parents who would face allegations of child neglect for failing to do so.
The non-custodial parent not having a separate bedroom for the child or living in a place that is not up to the same standards that the custodial parent sets are not reasons to deny visitation.
Similarly, the non-custodial parent having a new partner is usually not a reason to deny visitation. However, there may be clauses in a custody agreement that prohibit overnights with new romantic partners during visitation.
Even though these barriers can impact visitation in Frisco, a custodial parent should not make an unbacked decision not to allow the non-custodial parent to see the children.
While the courts encourage parental access to children, they also acknowledge that visitation is not always in the child’s best interest. The court may deny visitation—or order supervised visitation—if it feels it is necessary for the child’s physical, emotional, or mental health.
Child abuse is the most substantial potential barrier to visitation. Severe physical abuse and sexual abuse are most likely to result in a parent losing their visitation rights.
Domestic violence—even if the child was not the target—can also be a barrier to visitation. Children who live in violent homes experience many of the same physical and emotional issues as children who are victims of child abuse.
Substance abuse and mental health issues can also be barriers to visitation for Frisco parents. Uncontrolled mental illness can impact rational decision-making, creating restrictions on child visitation.
However, the vast majority of people with mental illness can find a treatment program that offers stability and allows continued access to their children. Additionally, for those who struggle with substance abuse, establishing a history of sobriety can increase the likelihood of regaining visitation.
While parents presumptively have rights to access their children, some factors can create restrictions. While these limitations may seem unfair to many people, they are there to protect and support the children.
One of the best ways to remove barriers to visitation in Frisco is to address the root causes that can lead a court to deny these rights. Reach out to a dedicated family law attorney for legal assistance with proving your right to visitation.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
