- On Behalf of Topinka Law
- Child Custody
When you’re a parent, nothing is more important than protecting your child. Courts recognize the value of allowing a child to maintain loving and fulfilling relationships with both parents, even after divorce or separation. Often, that may mean an arrangement where a parent has visitation rights, allowing them to spend time with their child, even if that parent does not have primary physical custody. However, there are situations where even a parent without primary legal custody can find themselves in legal hot water that may jeopardize their visitation rights.
Questions a child custody attorney often hears are: “Is there any way a non-custodial parent can lose visitation rights in Pennsylvania?” and “Under what circumstances would that be possible?” Losing visitation rights may seem a drastic step, but Pennsylvania courts can and will intervene to protect the child’s best interests.
What Is a Non-Custodial Parent?
In Pennsylvania, there are two forms of child custody: physical and legal. Physical custody refers to where the child resides. In a sole physical custody arrangement, the custodial parent is the parent with whom the child primarily lives. The non-custodial parent typically has a visitation or parenting schedule, so that although the child may not live with them most of the time, the parent still has access to the child and can spend time with them. Often, the non-custodial parent has a child support obligation.
Can a Non-Custodial Parent Lose Visitation Rights?
Yes. A non-custodial parent can lose visitation rights to their child. However, this tends to be a serious step, occurring when there are extreme circumstances that put the health and safety of a child at risk.
Courts generally aim to allow both parents to build loving and supportive relationships with their children, as these arrangements tend to support the child’s physical, emotional, and developmental needs best. When visitation is not in a child’s best interest, courts may need to intervene, resulting in the loss of parental visitation. Issues that can jeopardize parental visitation rights in Pennsylvania include:
- Domestic abuse
- Substance abuse
- Child endangerment/abuse
- Failure to perform parental duties
- Criminal activity
- Failure to comply with court orders
Parents can lose visitation rights if they create an unsafe environment for a child, either through substance abuse, neglect, criminal activity, or unstable or hazardous living conditions. Failing to fulfill parental obligations, caused by abandonment, mental health issues, or anything that interferes with their ability to care for the child properly, can also cause legal problems and may result in the loss of parental visitation rights.
Although failure to pay child support is often a separate issue, in some situations, persistent non-payment may be part of a broader pattern that is reflective of parental commitment and responsibility, which can also have negative implications.
The Legal Process
Losing visitation rights is generally not something that occurs overnight. A legal process is involved, and the court must weigh in on the issue. When a custodial parent has concerns about the quality of care their child receives when they’re with the non-custodial parent, they can petition the court to modify the visitation order, requesting a reduction or termination of the non-custodial parent’s visitation rights.
Courts do not take the loss of parental visitation lightly and may opt for a modified schedule or supervised visitation in certain situations. To protect your child, you must gather and preserve as much evidence as possible outlining how the non-custodial parent endangers the child or creates an unsafe environment. An experienced child custody lawyer is your best resource for gathering the necessary evidence and preparing a compelling court case.
Choose a Pennsylvania Child Custody Attorney That Puts Family First
Protect your child by getting a knowledgeable child custody attorney involved in your case. At Topinka Law, we prioritize your family’s needs. With more than a decade of experience, let our compassionate team help you find legal solutions to your family law issues.
Contact our law firm now to set up a confidential consultation.