Supervised Visitation & Child Custody Text Size:

A noncustodial parent has a right to visit his or her child. Visitation rights, however, are not absolute. Visitation can be suspended, denied or restricted if the court finds that visitation would be contrary to the child's best interest.

The general rule is that a parent not granted custody of a child is entitled to visit with the child unless the court finds after a hearing that visitation would endanger the child's physical, mental, moral or emotional health.

For visitation to be detrimental, some type of compelling reason, based on circumstance, must be shown. Factors which show parental unfitness include child abuse, neglect, or severe mental illness. If the parent has failed to establish a relationship with the child, the court may limit visitation.

The noncustodial parent must be given notice of the hearing to deny visitation and an opportunity to be heard. The custodial parent must show that visitation will seriously endanger the child's welfare. Where circumstances fall short of grounds for denying visitation, a court may consider supervised or restricted visitation. When there is reason to fear for the child's safety, the court may require a third person to be present or to have visitation take place in a public place.

Reasons for Limiting or Denying Visitation

Generally, visitation cannot be reduced or restricted without finding that the child is adversely affected or that reduction would serve the child's best interests. The following types of acts are contrary to the child's best interests:

• Violence or Physical Endangerment - A noncustodial parent may be denied visitation rights if the parent has abused the child or has threatened physical violence. Some states require courts to consider evidence of child or spousal abuse when awarding visitation.

• Emotional Harm - Where proof is offered of the potential emotional harm to the child from visitation, a parent's rights may be curtailed or denied. Emotional harm may be shown by evidence that visitation detrimentally affects the child's welfare. Sometimes, stuttering, bed wetting, atypical behavior or poor school performance may indicate emotional problems.

• Child's Wishes - The courts may consider the child's wishes as to visitation. The weight to be given the child's preference depends on the child's age and maturity.

• Mental Illness - A parent's mental incapacity does not automatically deprive the parent of visitation rights. Visitation rights may be curtailed only if the court determines that there is a potential for harm to the child due to the parent's condition.

• Substance Abuse - A parent who abuses drugs or alcohol may be denied visitation only if the conduct endangers the child's welfare. When the parent's alcoholism causes the parent to use abusive language or to mistreat the child, the court may deny or restrict visitation.

• Sexual Behavior - Courts rarely deny visitation solely on the basis of a nonmarital heterosexual relationship between the noncustodial parent and a girlfriend or boyfriend. Courts will cancel overnight visitation by a child with a parent because of the parent's cohabitation only upon a showing of adverse impact on the child. On the matter of homosexual relationships, courts differ on whether homosexuality is a bar to a parent having visitation privileges.

• Incarceration - A parent's incarceration is not sufficient to deny visitation. Visitation rights may be suspended where visits may be damaging to the child.

• Religion - Because both parents are entitled to the free exercise of religion, a noncustodial parent can instruct the child in his or her religious beliefs absent a showing of harm to the child.

• Abduction - There must be a showing that there is a strong probability of abduction to limit visitation on that basis.

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