About 78.2% of custodial parents are mothers, according to existing research. Custodial fathers usually have older ages than custodial mothers. About 15,086,000 children under the age of 18 were raised just by their mothers.
When the parents break up, everybody’s focus shifts to the issues related to the children. It is very hard for a child to experience the consequences of divorce. Parents have to put in a lot of effort to maintain their presence with the child. They are obligated to keep the environment loving and stable for the child. Both parents have to collaborate to create a suitable visiting schedule for the child. If the custodial parent perceives the other parent as untrustworthy, they may restrict access to the child.
Can a mother refuse access to the father? The law and court decisions dictate visitation rights. The court’s decisions will usually take into account the child’s welfare and health. Most of the time, parents are given the opportunity for visitation. Certain circumstances call for restraint or denial of such privileges.
Let’s examine the factors affecting the outcome of child custody.
What Are Your Rights as a Mother in Custody Disputes?
Mothers have the right to pursue legal custody. Legal custody gives one the power to retain authority over the children and make representations on matters of education, medical management, and so forth.
The second category is physical custody. This form of custody involves determining the residence of a child and determining responsibilities. It is important for both parents to work together to resolve disagreements in the most peaceful way possible. Always do your best to guarantee that your child is having the best of everything that comes their way.
You must take seriously all decisions affecting your child. Raising such concerns empowers you to resolve custody disagreements effectively.
According to Rockford child custody lawyer Erin E. Walsh, courts will be the ones to make a decision regarding custody when parents cannot reach an agreement regarding the allocation of their parental responsibilities.
Legal Grounds for Limiting a Father’s Visitation Rights
Grounds for legally restricting the visitation rights of a father could arise when their behavior or situation is in question. For example, if the father’s substance-abuse history, mental health condition, or acts of domestic violence cause any concern for your child, your restriction on his access may be sought.
Any failure to provide a stable and safe environment, or any involvement in illegal activities, may further support your case. The court needs you to prove that your children are experiencing dangers to demonstrate the need to limit a father’s visitation rights.
Accepting an abusive or mentally challenged father to see the child could pose possible threats.
Legal advice should always be sought to explore possibilities and seek lawful measures to prevent a problematic parent from contacting and having access to a child.
What Evidence Do You Need to Prove Your Case?
Build up hard evidence to support visitation restrictions against the father. Write every event you are concerned about, such as physical abuse or drug problems. Set out all the police reports, medical records, and so forth that you will need.
Your case can also benefit from family and friends’ testimony supporting what others said about the father. Keep a log detailing the dates, times, and specific instances of the father’s behavior during visits.
The evidence collected should show photos and videos that will demonstrate the questionable behavior of the father. Expert assessments from therapists will show any psychological dangers facing your child.
How to Legally Request Visitation Restrictions?
The father should face visitation restrictions if there are concerns about their conduct. The father’s history of incidents could be the strongest evidence to prove his dangerous behavior and substance abuse issues.
Get all available evidence, comprising of photographs, texts, and testimonies made by the witnesses that support your claims. Go and speak to a family law attorney who can help you understand your rights. They will submit a motion regarding particular visitation restrictions after the case progresses.
Be ready to justify how the proposed restrictions will truly serve the best interests of your child. Go to the courtroom, hear your case, and present whatever data you have that implies the denial of visitation.
What Happens Next After You Go to Court?
The judge will decide about court visitation limitations after you complete your testimony. The order should particularly detail visitation rights available to the father or any conditions for him to fully enjoy his rights.
In every respect, individuals and institutions should comply with this order. Ignorance or lack of compliance may have some consequences.
Once a court has given out their decision about the matter, the people involved have to follow through with it unless there is an intention to appeal against it. Bear in mind that an appeal could be rather long and complicated.
You must contact your attorney to determine your next steps. The father should maintain contact with the child because this contact helps the child deal with his current emotional difficulties.
If you believe that your child’s security and welfare are in jeopardy and you seek a remedy whereby the father will lose access to the child, you might just have recourse under the law. Always resort to appropriate measures if you genuinely want to protect their rights and safety.
