Divorce is coming, and nothing is more important to you than being able to see your children. You know that you may not get custody of the kids, but will you at least get visitation rights so that you can spend time with them? Or should you be worried that the court will deny you visitation as well?
It does happen, but experts note that denied visitation is very rare. The court wants the same thing that you do. It's best for you and your ex to stay involved with the kids. They want to give you visitation rights, at the very least, so they need a very compelling reason to deny them to you.
Some reasons courts may deny visitation include:
- They think that there is a safety risk to the children, either from the environment they'd be subjected to or because of a history of abuse.
- They think that visitation could have a negative emotional or physical impact on the children.
- They're worried about parental abduction, and they believe you may try to keep the children from your ex once you have them with you. There could even be worries about international abduction if they are concerned that you want to leave the country to make it harder for your ex to regain custody in the future.
As you can see, these are fairly extreme examples. Courts do not usually deny parents visitation with their children. They generally prefer to use supervised visitation to ensure that you have access to the kids even when they do have concerns.
If you're involved in a custody battle with your child's other parent, make sure that you fully understand all your legal rights as a parent.