Law Office of Bradley R. Tengler, P.C.

3 reasons why visitation may be restricted

Being a parent is hard work. It is often even harder if someone is navigating the process of parenting during or after a divorce. Parents want to be in their child's life to the greatest extent possible, but sometimes this is made difficult by custody arrangements and other factors. If a judge has restricted visitation rights, for example, a parent will likely have a difficult time parenting and bonding with the child.

Why is visitation restricted? There are a number of reasons this might happen. The following are three of the most common. If a parent would like to challenge a restriction or fight for greater visitation rights, he or she must first understand why the courts limited them to begin with. 

1. Substance abuse

It is unfortunately true that many people struggle with substance abuse issues. Whether the vice in question is narcotics, alcohol or prescription medications, this obviously affects more than just the individual. If the person is a parent, it will also affect his or her child. According to Psychology Today, in fact, this increases the likelihood that a child will experience behavioral and medical problems.

2. Potential endangerment

A parent may have visitation rights restricted because of the risk substance abuse poses to a child, but the restriction may instead be due to a risk posed by the parent. If parents are emotionally or physically unstable or abusive, this is one reason why they may not have full custody or visitation rights. The courts may restrict visitation if a parent's unsupervised care may endanger the child.

3. Lack of contact

Sometimes, if there has been a lack of contact between parent and child, the courts will temporarily order restricted or supervised visitation while the parent reestablishes the relationship. This might happen if a parent did not previously know of the child or lived in another place. After a period of supervision, a parent in this situation might be able to advocate for custody or better visitation.

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