Can I Legally Prevent My Children from Seeing Their Other Parent?
How to prevent other parent from seeing your child
In most divorces involving minor children, the parents share legal custody and physical placement. The court does not completely prohibit a parent from having time with their children. However, if a parent is dangerous or abusive to the child, then you may want to prevent him or her from seeing the children.
In those situations, the Family Law attorneys at Eisenberg Law provide legal ways to protect the children.
The Divorce Judgment
The divorce judgment issued for your Wisconsin divorce outlines each person’s parental rights for custody and personal physical placement. If you have sole legal custody, you can make decisions for your child without consulting the other parent. This can include religious upbringing, education, and where you live.
If you have joint legal custody, you have to give the other parent a say in those decisions. Even when you have sole legal custody, if the other parent has any personal physical placement, you must inform that person and the court if you plan to move. If you want to eliminate or modify personal physical placement after the divorce decree is final, you will have to go back to court.
If you know the other person is a danger to the children before the final judgment, you should prepare to demonstrate that and work with your lawyer to eliminate or minimize placement of the child with him or her.
Modifying the Judgment
If you determine after the divorce that the children may be in danger around your former spouse, you will need to gather evidence of the danger. Unless the other parent does not contest your requested changes, you will have to show in court that the person presents a risk to the children. If the other parent is an alcoholic or physically or sexually abusive, you may have grounds to adjust the judgment.
Courts do not take lightly the idea of preventing a child from seeing a parent, but sometimes it is necessary to protect that child. You should work with an experienced family lawyer to develop the plan that is best for your children.