When Do Courts Give Full Custody without Visitation Rights?

Though every family law case is different, there are certain circumstances when courts will give full custody to one parent without any visitation rights for the other.

Parent is Convicted of a Crime

One example is if the non-custodial parent has been convicted of a serious crime, such as child abuse or kidnapping. In cases like this, the court may feel that it is not in the best interest of the child to have any contact with that parent.

Abuse or Neglect of the Child

In cases of abuse or neglect, the safety of the child is always the paramount concern. If there is evidence that the child would be in danger if left in the care of the other parent, the court will not hesitate to grant full custody to the safe parent.

This is true even if the abusive or neglectful parent has never been convicted of a crime; the court does not need to wait for a criminal conviction to act in the best interests of the child.

Parent is Deemed Unfit

Similarly, if one parent is deemed unfit to care for a child, the court may grant full custody to the other parent. This can happen for a variety of reasons, including drug or alcohol abuse, mental illness, or a history of violence.

Once again, the safety of the child is the court’s primary concern, and if there is evidence that the child would be better off with only one parent, the court will not hesitate to grant full custody accordingly.

Full Custody

It should be noted that even in cases where one parent is granted full custody, the other parent usually still has some rights, such as the right to receive child support or the right to be informed of major decisions regarding the child’s welfare.

However, these rights are typically secondary to the right of the custodial parent to make all decisions regarding the child’s care and upbringing.

If you find yourself in a situation where you may be seeking full custody of your child without any visitation rights for the other parent, it is important to seek legal counsel as soon as possible.

An experienced family law attorney can help you understand your rights and options, and will fight to protect your interests in court.