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RESTRICTING VISITATION |
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My husband and I are obtaining a divorce. I am the parent who takes care of our child. My husband has agreed for our child to live with me, but he wants visitation rights. What visitation is usually ordered by the court, or agreed upon by the parents? |
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Since the law allows for restricted visitation, what is restricted visitation? |
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I do not believe my husband can take care of our child for an extended period in my absence and I fear our child will be in danger if my husband is allowed visitation rights. What options do I have to limit his visitation? |
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What constitutes serious endangerment? |
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How hard is this to prove? |
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If my husband is a homosexual, does this rise to the level of serious endangerment? |
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Will visitation be allowed if my husband is imprisoned? |
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What could happen to me if I deny my husband visitation rights? |
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| Q: |
My husband and I are obtaining a divorce. I am the parent who takes care of our child. My husband has agreed for our child to live with me, but he wants visitation rights. What visitation is usually ordered by the court, or agreed upon by the parents? |
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Alternating weekends, starting Saturday morning and ending Sunday evening; alternating legal holidays; split or alternating Christmas and spring holidays; special arrangements for the parent's and the child's birthdays; not less than two weeks during the summer. While this is usual, by agreement there can be virtually any type of visitation you wish. |
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| Q: |
Since the law allows for restricted visitation, what is restricted visitation? |
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Restricted visitation is usually contact between the visiting parent and the child in the presence of the custodial parent, or in the presence of a third person who is responsible for observing and ensuring the safety of those involved. Visitations can be held at either parent's home, or in a neutral setting such as a park, church, library, or any other court approved setting. If a person is hired as the visitation supervisor, it is up to the judge to determine who will pay for the supervisor. |
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| Q: |
I do not believe my husband can take care of our child for an extended period in my absence and I fear our child will be in danger if my husband is allowed visitation rights. What options do I have to limit his visitation? |
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None, under those circumstances. The non-custodial parent is allowed "reasonable visitation" to the child unless you can prove reasonable visitation would seriously endanger your child's physical, mental, moral, or emotional health. Your belief is not enough. You must have evidence. |
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| Q: |
What constitutes serious endangerment? |
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Serious endangerment has been found to exist where there is a history of driving while intoxicated, drug use, physical or sexual abuse, or a realistic threat that the non-custodial parent may abscond with the child. |
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How hard is this to prove? |
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Very hard and very expensive. The proof you would need to present to the court would include medical evidence, the testimony of mental health professionals, evidence of neglect or abuse, etc. |
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| Q: |
If my husband is a homosexual, does this rise to the level of serious endangerment? |
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No. Being a homosexual or a lesbian does not, of itself, seriously endanger a child's physical, mental, moral, or emotional health. |
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| Q: |
Will visitation be allowed if my husband is imprisoned? |
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Maybe. Case law states if the imprisoned parent can prove it is in the best interest of the child to visit their parent, the court will order visitation in the prison. |
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| Q: |
What could happen to me if I deny my husband visitation rights? |
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You could be found in contempt of court and punished by imprisonment. You could be found in contempt of court, but allowed to purge yourself by allowing the ordered visitation. Because of the possibility of imprisonment the proceedings are somewhat technical to assure there is no imprisonment without just cause. For this reason, it is highly advisable that both parties are represented by lawyers in contempt proceedings. You also might be charged with the crime of "Unlawful Visitation Interference." The first time a police officer is called, he issues a notice to the child's custodian to appear in court. The first two convictions are petty offenses, punishable only by a fine which cannot exceed $1,000. After two convictions the offense is a Class A misdemeanor punishable by up to one year in jail and a fine of not more than $2,500. |
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