In most cases, parents who live separately share time with their children. Typically, parents will either share physical custody, meaning the children live an equal amount of time with both parents or one parent will have primary physical custody and the other parent will have visitation.
In some cases, there may be barriers to visitation in Southbury. Speak with a seasoned visitation attorney at our firm to learn about the common obstacles and how best to manage them.
A history of violence or abuse directed at the co-parent or the children can interfere with a parent’s visitation rights. According to Connecticut General Statutes § 46b-56(c)(15), a judge can consider how a parent’s violence in the home has impacted a child when making custody and visitation decisions.
A history of domestic violence does not necessarily mean that a parent will be denied time completely with their child. A judge will consider how much time has elapsed since the incident, whether the victim suffered physical injuries, and whether the child witnessed the violence. The judge may also look at whether the violent parent has sought out counseling, completed a batterer’s intervention program, or engaged in similar treatment.
When the child was the target of a parent’s violence, the judge might give significant weight to the child’s wishes when deciding on visitation. A court also may appoint a guardian ad litem to offer their opinion about whether visitation is in the child’s best interests. A Southbury visitation lawyer can help a parent manage interactions with a guardian ad litem or any other third party appointed to evaluate custody issues and barriers.
The children’s best interests drive all custody and visitation decisions. A Connecticut judge could decide that it is not in the children’s best interests to have unrestricted visitation with a parent suffering from unmanaged mental health issues or who is actively abusing drugs or alcohol.
When there is evidence that a parent’s addiction or mental health challenges might put the children at risk, a court can order supervised visitation. Under a supervised visitation order, the parent can spend time with the children, but another responsible adult must be present to ensure the children are physically safe and emotionally comfortable. Visits typically occur at a neutral site like a mutual friend’s home, a public park, or a dedicated family visitation center.
Supervised visitation is not necessarily permanent. When a parent undergoes successful treatment, they can petition the court to modify the visitation order. A visitation barriers attorney in Southbury can help a parent pursue or defend a proposed modification to a supervised order.
Children sometimes refuse to participate in visitation. Situations like these can be challenging to manage. They may act out or blame a parent in response to the disruption of divorce or separation. Family or individual counseling can help resolve these behaviors and give the child tools to manage their feelings more constructively.
Sometimes a parent may encourage a child to refuse a visit or intentionally interfere in the relationship between the child and the other parent. A parent who suspects their co-parent actively influences or encourages the child’s hostility as a barrier to visitation should speak with a Southbury lawyer immediately. Interfering with a child’s relationship with their other parent is contrary to the children’s best interests, and a Connecticut judge could determine that a change in the custody or visitation arrangements is necessary to protect the children.
Being able to regularly contact your children is a critical concern for parents. When potential barriers to visitation in Southbury exist, it is important to be proactive.
Our seasoned family lawyers can protect your visitation rights while ensuring the children’s well-being. Contact us today to learn more about how to manage visitation issues.
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