Can I strip my ex of their visitation rights?

On Behalf of | Mar 2, 2022 | Family Law |

Depending on the circumstances of the divorce or separation, the family court will grant one parent physical custody of the child while the other gets visitation rights. This is known as a custody order and it is legally binding.

However, it is not uncommon for the custodial parent to have issues with the father’s visitation order. If this is the case, they may petition the court to strip their ex of visitation rights. But for this petition to be successful, they must convince the court that their petition is in the best interest of the child.

Here are two reasons why the custodial parent may want visitation rights canceled or suspended.

Child abuse

While most custodial cases tend to be contentious, one of the top concerns for most parents, and the family court, is the child’s wellbeing. Unfortunately, it is not uncommon for a child to be unsafe in the presence of their own parent. A parent with a history of child and domestic abuse may be deemed unfit for custody or unsupervised visitation. The same applies to a parent who has been previously convicted of child abuse.

If your child has suffered abuse while visiting the other parent, it is important that you document incidents of abuse and compile all the relevant evidence for your custody modification case.

Substance abuse

Pennsylvania child custody and visitation laws are meant to promote a healthy relationship between the parent and their child. However, in doing so, the court must never overlook the child’s safety and welfare. And it is no secret that alcohol and substance abuse can hinder a parent’s ability to care for the child. It can also expose the child to grave danger.

If your ex has a history of alcohol addiction or substance abuse, you may petition the court to order supervised visitation or a suspended visitation while they are getting treated for their problem.

A child custody and visitation order is never permanent. Find out how you can protect your child if you believe the other parent is unfit for visitation.

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