5 Reasons To Deny Overnight Visitation

What factors can ultimately end up denying overnight visitation for a parent?

1. Environment At Home

The environment at your home will undoubtedly play a huge role in determining if you are fit for overnight visits. Your judge will want to ensure your home is free of any hazards or unsafe individuals. If your child is older, the judge may also want to make sure the child can be provided with privacy in the home.

The judge needs to come to the conclusion that you are a safe, committed, and dependable parent to grant overnight visitation rights.

2. Safety Concerns

Safety is a significant factor to consider with overnight visitations. The court could be concerned with any of the following safety issues:

• Instability.
• Inadequate shelter.
• Domestic violence.
• Substance abuse issues.
• Mental health concerns.
• Any form of violence or abuse in relationships.
• Present restraining orders.
• Past or present verified neglect or abuse reports.
• Dangerous individuals.
• And more.

3. Level Of Adjustment

The court will want to see how well the child adjusts when going from home to home. Did the child handle the adjustment well or struggle with the situation?

The court will also take into account the distance needed to travel between the two homes. It’s important to show that there is no impact on the child’s performance in school, as well.

4. Relationship Issues

The judge in your case will always consider the type of relationship you have with your child. It is quite common for children to have a stronger bond with one of their parents. This can be due to how the child was raised or who took primary care of the child.

It is generally agreed-upon that most children do best when bonded to both parents in the majority of cases. Your judge will want to know how the child is bonded and how to best encourage further bonding, at this time.

5. Trust

Your judge wants to see that you have been truly involved with your parenting responsibilities so you can be completely trusted as a parent. For instance, the judge will want to know if you have been actively involved with the overnight care of your child in the past.

The judge will also want to ensure you regularly met the child’s daily needs and fulfilled your responsibilities as caregiver. The judge may want to see that you have taken parenting classes if you have not been responsible for overnight care before.

Source: “5 Factors For Overnight Visitation With Your Child” Kuffer Law, https://kufferlaw.com/blog/5-factors-for-overnight-visitation-with-your-child/