A mother can only prevent a father from seeing his child with a court order. Here’s everything you need to know about mothers having the ability to prevent fathers from seeing their children.
A mother cannot prevent a father from seeing his child solely because she is the child’s mother. That being said, a parent can prevent another parent from visiting his or her child if doing so could cause potential harm to the child.
When can a parent prevent another parent from visiting a child?
A child’s parents automatically share parental responsibility once the child is born. This, however, does not mean that the parents are forever entitled to having contact with their child. A parent cannot prevent another parent from visiting a child without a court order. Courts make decisions on behalf of a child based on said child’s best interests. Therefore, a mother would be allowed to prevent a father from seeing his child in the case that the father could potentially cause harm to the child. Some situations that may result in a parent having restricted visitation includes:
- The parent having a history of physical or sexual abuse towards their own child or towards the other parent
- There is evidence that the child would suffer emotionally if the parent visited them. Common ways to evaluate this would be by seeing if the child suffers from bedwetting, suffering, poor school performance, etc. after encounters with the parent in question
- The parent suffering from substance abuse, including the use of drugs and alcohol in a way that results in the parent mistreating the child
- The parent suffering from a mental illness that may cause harm to the child
- The parent having sexual behavior that may traumatize the child if they are exposed to it
- The parent having been incarcerated for a reason that could cause harm to the child
- The presence of a threat or chance that the parent will abduct the child
Related: How to Modify Child Custody in California
Does gender affect visitation rights?
Statistically speaking, for every one father, five mothers receive custodial rights of their children. That being said, there are no laws or regulations favoring one gender over another in terms of contact with a child.
Related: Do Courts Prefer Giving Custody to Mothers or Fathers?
Courts will determine visitation by considering the best interest of the child. When determining what is in the child’s best interest, courts will evaluate numerous factors. These factors include:
- How old the child is
- The mental and physical health of the child
- Any emotional ties that the child has with either parent
- How well the parents have cared for the child in the past
- Any history of abuse (substance, physical, emotional, etc) each parent might have
- The child’s relationship with their community, school, and home
Related: How The Child’s Best Interests Are Determined in California
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