In certain cases, a court may decide to restrict a parent’s visitation rights. This happens in very rare cases, and requires a heavy burden of proof. Once a visitation agreement has been outlined in a child custody order, it is very difficult to modify. In some cases however, a modification may be requested, and supervised visitation may be ordered.
However, remember that a court in Merrillville will not restrict visitation rights of a parent until it has significant and substantial proof about the need for such restriction. In other words, the court must find that the visitation schedule in its current form could possibly pose a risk to the health and well-being of the child. The child’s physical health may be endangered by such continuous and unsupervised exposure to the other parent. The court could also find that exposure to the other parent or unsupervised visitation is affecting the emotional development of the child.
Remember, it isn’t easy to ask for modification, and the court will only agree when the modification is in the best interests of the child. When it comes to modifying a court order, specifically to restrict the other parent’s visitation, the court will not easily agree. The court must find that the child’s well-being is significantly impacted if the visitation schedule continues as it is. Talk to a Merrillville family lawyer and discuss how you can begin the process of child custody modification.
The parent who is seeking the modification, or seeking that the other parent have restrictions on his or her visitation must be ready to provide substantial proof of why the restricted visitation is necessary. That evidence must include psychological evaluations, expert testimony from psychiatrists and psychologists, and other forms of evidence.
For help modifying a child custody order, speak with a Merrillville family lawyer.