The short answer to whether or not a parent can stop a child from seeing the other parent when the parents have separated is no.
However, that doesn’t stop parents from trying. We call this gatekeeping, and two types fall into this category.
Protective Gatekeeper
In this case, one parent has reasonable concerns grounded in facts that the other parent is jeopardizing the child's safety. This unsafe environment could be due to substance abuse, anger management issues (especially if it escalates to abuse), or lack of parenting skills. While the reasons for stopping visitation may be justified, they should be immediately brought to the court’s attention so they can be properly addressed through a custody agreement and within visitation orders.
Restrictive Gatekeeper
Preventing another parent from seeing the child in this manner is without justification. Withholding visitation is usually done out of revenge on the other parent and a lack of respect for the other parent’s role in the child’s life. A lot of communication is done out of anger and spite, so the child is purposely within earshot or is told directly. Often, the need for control results in unreasonable conditions when trying to co-parent. By asking for sole custody, you will have set a precedent to revisit later, even if denied initially, as joint custody can sometimes create a horrible situation and not be a reasonable option with this type of parent.
Note that keeping a child from another parent can backfire if you have no court orders. How?
The parent being prevented from seeing the child can ask for:
If you or someone you know needs assistance through custody agreements or visitation orders, the lawyers at Hoover Kacyon, LLC are knowledgeable and able to assist you.
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