While it is important for children to have a relationship with both of their parents, there are circumstances, such as dangerous or abusive behavior, when it is not in the best interest of a child to see a parent. In these instances, a parent can be legally prevented from having contact with a child. However, it is not a simple task and should not be taken lightly.
While it is important for children to have a relationship with both of their parents, there are circumstances, such as dangerous or abusive behavior, when it is not in the best interest of a child to see a parent. In these instances, a parent can be legally prevented from having contact with a child. However, it is not a simple task and should not be taken lightly.
A sufficient reason, as well as evidence that a parent is unfit, must be provided to a court in order to legally prevent a parent from seeing his or her child. Ordinarily, a court is reluctant to divest a parent of all contact with the child. However, in situations of physical or sexual abuse or addiction, a court will often grant this request. It is common for courts to grant visitation, including supervised visitations regardless of whether a parent has sole legal custody of a child.
Sole custody gives one parent full control over his or her child to make legal and medical decisions for the child, among other decisions. However, joint custody allows both parents to make decisions for the child, such as on schooling, religion, medical, among others. Even if a parent has sole custody over a child, he or she may not be able to prevent the other parent from visitation unless notifying a court of law. Even if a court grants sole custody to one parent, the other parent is likely to be granted visitation rights.
Failing to follow an arrangement made by a court of law can result in consequences. It is always important to notify a court of law and speak with an experienced legal professional if you plan to relocate your children or refuse to allow the other parent visitation. If you are seeking to prevent a parent from seeing or contacting a child, it is important to speak with an experienced family law attorney who can assist you in exploring your legal options.
It can be overwhelming to navigate the custody process especially when it comes to protecting the interests of your children. Seeking the guidance of an experienced Long Island family law attorney may be crucial to peacefully resolving potentially contentious issues. The Long Island family lawyers of McGuire & Peláez, PC are sensitive to your needs, skilled in handling divorce and family court matters, and will fight zealously for your rights.
Ms. Pelaez has been handling dozens of Family Court cases every week for more than 10 years as a private attorney and a Court appointed Law Guardian.
For more information or to schedule a consultation, contact our Long Island divorce law office at (631) 348-1702.
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