5 Reasons To Deny Overnight Visitation
Let’s take a look at the most common reasons why a parent will be denied overnight visitation.
1. Relationship Problems
The judge in your case always considers the type of relationship you both have with your children. It’s very common for children to form a stronger bond with one of their parents. This can be due to how the children were raised or who offered more primary care in the upbringing.
It is generally agreed-upon that most children will do best when bonded to both parents in the majority of circumstances. Your judge will undoubtedly want to know how the child is bonded and how to encourage bonding moving forward.
2. Home Environment
The home environment will play a huge role in determining whether or not one parent is fit for overnight visitation. The judge will make sure the home is free of any hazards or unsafe individuals. If the children are older, the judge may also want to know that the parent can provide privacy in the home.
Your judge needs to conclude that you are a safe, dependable, and committed parent who is capable of providing a safe environment for the children.
3. Safety Concerns
Safety is, of course, a significant factor that must be considered when determining visitations. The court may be concerned with the following safety issues:
- Inadequate shelter.
- Instability.
- Unsafe individuals.
- Mental health issues.
- Substance abuse.
- Domestic violence.
- Present restraining order(s).
- Any form of abuse or violence in relationships.
4. Overall Trust
The judge will also want to see that you have been deeply invested in your parenting duties. For example, the judge wants to know if you have been actively involved in the children’s overnight care in the past.
The judge will need to ensure that you regularly met the needs of your children as caregiver. It’s always recommended to take some parenting classes in the event that you have not been the primary caregiver overnight.
5. Level Of Adjustment
The court wants to see how well the children adjust if they must go from home to home. Did the children handle the adjustment well or struggle?
The distance needed to travel between homes will also be considered by the judge. It’s important to show that there is no impact on the children’s performance in school.
Source:
- 5 Factors For Overnight Visitation With Your Child” Kuffer Law, https://kufferlaw.com/blog/5-factors-for-overnight-visitation-with-your-child/
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