Although children typically have the right to a relationship with both parents following a divorce or separation, there are circumstances where a parent’s visitation rights may be denied or restricted. Massachusetts courts prioritize ensuring children have access to both parents, but this is not always feasible when considering the child’s best interests. Please continue reading as we explore when visitation rights can be restricted and how a determined Bristol County Child Custody Lawyer can help protect your parenting time.
What is Visitation?
In Massachusetts, parents can be awarded physical custody, legal custody, or visitation. Physical custody determines where the child lives, while legal custody grants the authority to make major decisions about the child’s life, and visitation refers to the time a parent spends with their child. If you are not awarded primary custody of your children, meaning the child primarily resides with the other parent, you are considered the non-custodial parent.
Visitation, also known as parenting time, essentially determines when a non-custodial parent spends time with their children. Essentially, it outlines the schedule of when a child will be with the non-custodial parent, including overnight, weekends, or other visits. Despite not being awarded custody, you can still be granted regular access to your child through parenting time. It’s important to note that the court prioritizes the child’s best interests when making decisions about custody and visitation above all else.
What Are Common Reasons for Denial or Restriction?
In Massachusetts, visitation rights can be denied or restricted through a court order based on the child’s best interests, which includes factors like the child’s needs, safety, and well-being. If the other parent violates the visitation order and denies you access to your child, you can take legal action against them and request a modification to the order. However, you should note that if the other parent violated the order to safeguard the child from a threat you posed to their health or well-being, the judge may not find them in contempt.
If there are credible concerns about the safety of the child, such as domestic violence, neglect, or substantial abuse by the other parent, parenting rights may be restricted. The court typically finds that it’s in a child’s best interest to have regular time with both parents. As such, if parenting time is restricted, the court may grant supervised visitation. This arrangement involves a third party who observes interactions between a parent and child to ensure the child’s safety. Depending on the unique circumstances of your case, the supervisor could be a professional, family member, friend, or a trained volunteer. Supervised visitation may be temporary or indefinite.
To transition to unsupervised visitation in Massachusetts, you must demonstrate that you have addressed the issues that led to the need for supervision, such as completing treatment or counseling or providing a safe environment. If this reflects your circumstances, please don’t hesitate to contact a skilled family lawyer at The Law Offices of Cynthia L. Hanley to discuss your legal options. Connect with our firm today to learn how we can fight for you.
