In a divorce or family law case involving parents, the court must determine what is in the best interests of the children. This includes deciding how parents will share custody of their children. Child custody cases will address legal custody, or the rights of parents to make decisions about issues such as education and medical care for children, as well as physical placement, or the time that children will spend with each parent. In some cases, Wisconsin courts may impose restrictions on child custody if this is necessary to protect the children's safety and well-being. Parents will need to understand when these types of restrictions may be put in place and how they can protect their parental rights while providing for their children's best interests.
What Are Restrictions on Child Custody?
Courts may decide to place legal limitations upon one or both parents that will apply when they spend time with their children, interact with the other parent, or make decisions about child-related issues. In some cases, a parent may be restricted to supervised visitation with their children, and they may be required to spend time with children in a public place while under the supervision of a social worker or another person. Parents may be required to exchange children in public locations or through third parties. If children's health and safety may potentially be at risk, a parent may be prohibited from using drugs or alcohol before or during their visitation time, or they may not be allowed to have children stay overnight in their home. A parent may also be required to receive treatment for substance abuse or psychological treatment to address mental health issues, or they may be ordered to participate in a domestic abuse prevention program.
When Child Custody Restrictions May Be Put in Place
A court may decide to implement restrictions if there is evidence that these measures are necessary to protect the safety, health, and well-being of a minor child. For example, if one parent has been convicted of domestic violence or has a history of drug or alcohol abuse, the court may impose restrictions to ensure that children will not be placed in a situation where they could suffer harm. In these situations, visitation with a parent could be limited to supervised visits at an approved facility or location until it is determined that they no longer pose a threat to their children's health or safety during periods of physical placement.
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