Determining If a Judge Can Regulate Visitation
In cases involving child custody and support, the judge usually grants shared custody between the parents. As much as possible, both the mother and father are given the same opportunity to exercise their rights and fulfill their obligations to their children.
In deciding who takes care and provides for the needs of the latter, an attorney will confirm that their best interest is always put into consideration. The officer of the court will look into the different attending circumstances before rendering any decision.
However, there are instances when the family court may order that a parent shall not be given visitation rights or if given, there is a requirement for supervised visitation. In the first scenario, the non-custodial parent is not given right to either visit the children nor communicate to the latter. The court can also order for the issuance of a temporary restraining order to prevent the parent from getting near the children involved. In the second situation, the non-custodial parent is awarded visitation rights but the same is limited. He or she can only see the children when there is a third party supervising the meeting. It is also mandated that the meetings take place at public areas like the parks, restaurants or malls.
The judge will consider various factors before it will issue an order. If there is a history of harm or violence in the family perpetuated by the involved parent, the judge will most likely order for a supervised visitation. This is to ensure that the child will not experience any harm from the non-custodial parent. Another factor that may affect the order is the relationship of the parent to the children. If it is shown that the parent was negligent in taking good care of the children, an order for supervised visitation may be issued.
It must be noted that any party may request for the modification of custody orders. For example, if the judge issues an order that a parent is given only supervised visitation rights, there is a chance that it will be changed upon showing that the latter has already undertaken corrective measures to rectify the mistakes committed in the past. When the judge sees that there is already a substantial improvement in the attitude of the non-custodial parent, he may lift the order granting only a supervised visitation. There is just a need to show to the family court that the parent has become more responsible and reliable in dealing with his or her children.
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