The default goal under Kentucky family law is to give both parents rights to reasonable visitation with their children. But what if you believe that allowing your child to have visitation with their other parent might be harmful? Can a parent with sole custody deny visitation?
Can a legal guardian deny visitation? Yes, a parent, guardian, or custodian may be able to restrict visitation between a child and their parent. However, an individual with child custody must take proper legal action before preventing visitation.
Pamela C. Bratcher, Attorney at Law, can guide you through restricting visitation. Attorney Pamela Bratcher is highly experienced and gives straightforward legal advice to each client who seeks her help.
Understanding Visitation Rights
In Kentucky, parents have a fundamental right to interact with their children. Also, guardians and de facto custodians of minor children often have many of the same obligations and rights as parents. This means the right to spend time with the child and make decisions for the child and the obligation to take care of the child.
However, parents’ and guardians’ rights are not absolute and can be limited under specific circumstances. Courts prioritize the child’s best interests when making visitation decisions.
When Visitation Can Be Denied or Restricted
When can a parent deny visitation? Generally, a parent, custodian, or guardian can deny or restrict visitation after a court determines that the child’s physical, emotional, moral, or mental health would be seriously endangered by the contact. This court typically makes this determination after a hearing that includes evidence.
Circumstances that might lead to a denial or restriction of visitation include:
- Domestic violence or abuse: A history of domestic violence or abuse against someone in the family is a significant factor.
- Substance abuse: Ongoing or recent substance abuse issues can impact visitation rights.
- Child neglect or abuse: A history of child neglect or abuse by a parent may be proof that allowing visitation would be a serious threat to the child.
- Mental health issues: Visitation may be restricted if a parent’s mental health poses a serious risk to the child.
- The child’s preference: The court may consider a child’s preference, especially the preference of an older child.
An individual typically cannot deny visitation until they receive court orders demanding the restriction.
The Process of Denying Visitation
The following is a basic breakdown of the typical process for denying visitation:
- Filing a petition: One parent must file a custody petition.
- Hearing: The court holds a hearing to gather evidence and testimony from both parents and potentially other witnesses.
- Decision: The court makes a decision based on the evidence presented and what it determines to be in the child’s best interests.
In general, a Kentucky court has jurisdiction over a child custody case if Kentucky is the current home state of the child. Kentucky also has jurisdiction if it was the child’s home state within six months of filing for custody orders.
Consulting an experienced family law attorney can help ensure your case is filed properly. An attorney can also make sure you have all the evidence and arguments you need to obtain the best legal protections for your child.
Contact Pamela C. Bratcher for Help Today
Each family has unique needs. And hiring a highly experienced attorney is crucial to making sure your family law needs are properly met in court orders. Pamela C. Bratcher, Attorney at Law, has over 35 years of experience. Attorney Pamela Bratcher can handle any Kentucky family law issue you face with compassion and unparalleled skill. If you need help, please call our office or contact us online.