Visitation Rights and Parental Violence

In a custody settlement, one parent may be given full or sole custody of any children. When this is the case, oftentimes the other parent will seek visitation rights so that they are legally guaranteed time with their children. However, there are certain factors that can affect whether or not a parent is granted visitation rights, such as a history of violence.

If you are looking to determine a custody and visitation settlement that is in the best interests of your children, you need the legal experience that an Oceanside divorce lawyer with Fischer & Van Thiel, LLP, can bring. Speak with a lawyer who is dedicated to supporting you by calling 760-722-7646 today.

Determining Visitation Eligibility

If one parent has a restraining order, protective order, or emergency protective order issued against them, a court will determine whether or not it is in a child’s best interests to have visitation time with that parent. When determining visitation, a court will usually consider the following:

• Does the parent have a history of drug use? If so, the court may mandate that they take drug tests in order for visitation to be a possibility.

• The child’s wishes and preferences, as long as the child is of sound mind and able to make rational decisions—almost always, if the child is older than 14, the judge will hear them out.

• Is it in the child’s best interests to have unsupervised or supervised visitation? Or should visitation be suspended or denied entirely?

When a parent has a violent history, securing visitation rights can be extremely difficult as a court is always looking to protect the interests and safety of a child.

Contact Us

The Oceanside divorce attorneys of Fischer & Van Thiel, LLP, work hard to meet your needs during a divorce. Contact our team of knowledgeable and compassionate attorneys at 760-722-7646 today for the assistance you need.