If you are going through a divorce, it is natural that you have many questions. When you have a child, the issue of divorce is even more complicated. Generally, the court does its best to ensure the child maintains a strong relationship with both parents. Of course, some parents going through a divorce would prefer to never see their ex-spouse again.
Are you wondering if you should keep your child from a parent? Many people have completely valid reasons for wishing their child did not interact with a biological parent.
Abuse and Danger
If your ex-spouse is deemed dangerous or abusive by the court, the court may advise that you have sole physical custody of your child. Issues like sexual abuse, physical abuse, and drug addiction may be legal grounds to prevent an individual from seeing their child.
Even still, you cannot simply refuse your ex the chance of seeing the child. You must have reasoning and evidence to support your actions. You must also notify the courts that you intend to prevent the other parent from seeing their child. The court will make the final decision after considering all the evidence.
In some cases, the court will examine evidence that the individual is a danger to the child, but they may still grant some visitation rights. In situations that are especially difficult, the court may apply a restriction of supervised visitation.
If the other parent still has visitation rights, you will have some legal restrictions. For example, you cannot move out of the state or country without notifying the courts, if the other parent has visitation rights. You moving would limit the child's ability to see this other parent, but the court may still issue court-ordered visitation.
If you want to be the only parent to make physical and legal decisions for your child, you must seek sole custody in court. If you have sole custody, you have total control over your child's medical, dental, educational, and religious decisions. As the sole decision-maker for the child, you do not need to consult with the other parent first.
No matter why you think your child is better off without the other parent in their life, the court plays a crucial role in ensuring the safety and well-being of your child. Contact a family attorney today to see if you have legal standing to prevent the other parent from being involved in your child's life.Share