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Termination of Visitation Rights
Only in vary rare situations will a court terminate a parent's rights of visitation. The standard used by courts in reaching the decision to terminate visitation is whether visitation would endanger the child. In most cases, the decision is in the discretion of the court.
Standards to Terminate Visitation
Courts strive to foster the relationship between a parent and child and will permit visitation in most situations. Where there is evidence that a parent has an alcohol or drug abuse problem, visitation may be permitted, but restrictions will be imposed. Where a parent has abused a child, the visitation may be limited to short periods of time and require the presence of a monitor or supervisor. It is only where the court believes that visitation would cause harm to a child that a court will terminate visitation.
Where it is established that a parent has sexually abused a child, or has permitted others to sexually abuse the child during a visitation period, the court may terminate all visitation. While some courts will permit very restricted, supervised visitation with the parent who sexually abused a child, others have treated the child the same as any other victim of a crime and not subjected the child to the presence of the molester. Violence or the threat of violence is another situation in which the court will consider terminating visitation rights. A credible threat to kill a child is not treated in the same manner as a parent who leaves a mark when spanking the child. Substantial credible evidence of violent behavior may convince a court that restricted visitation is insufficient and that termination of visitation is necessary. Where a parent abuses drugs or alcohol, a court may allow visitation but restrict the use of such substances in the presence of the child. However, if the parent continues to abuse alcohol or drugs, particularly in the presence of the child, a court may exercise its discretion and terminate visitation.
Incarceration and Mental Illness
The fact that a parent is incarcerated for committing a crime does not require termination of visitation where the crime is not connected to the relationship between the parent and child. However, courts dislike subjecting a child to the prison setting and may suspend visitation during periods of incarceration. Where the incarceration was the result of violence against the child or the child's parent, visitation may be terminated. The same type of approach is used where the parent is found mentally ill. Before a court will terminate visitation based on mental illness, the court should obtain evidence as to whether visitation would pose a danger to the child. If the parent was hospitalized as a result of an attack on a child, visitation could be terminated. In the absence of such danger, visitation should continue. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |