Should legal guardians have the right to refuse visitation rights? Why or why not?
2 Likes
Guardians’ Right to Restrict Visitation/Contact If there is a guardian over an adult, the guardian does have the ability to restrict other people’s contact with the protected person in limited circumstances.
The guardian can restrict contact if:
1.The protected person expresses to the guardian and at least one other person (who is not affiliated or related to the guardian or protected person) that the protected person does not wish to have contact with a particular person.
2.There is a court order authorizing the guardian to restrict contact with the particular person.
3.There is an investigation or court proceeding concerning alleged abuse by the particular person and the guardian believes it is in the protected person’s best interest to restrict contact.
4.The guardian determines that the protected person is being harmed (physically, emotionally, or mentally) by the particular person.
2 Likes
The custodial parent is not permitted to refuse visitation rights to the non-custodial parent unless there is a court order or custody agreement in place.
3 Likes
Yes, If the protected person informs the guardian and at least one other person (who is not associated or related to the guardian or protected person) that they do not wish to have contact with a specific person then visitation may be restricted.
The guardian can ask the court to limit communication or visitation if there’s evidence of abuse, neglect, or other harmful behavior.
Yes, a legal guardian can prohibit visitations, however it is dependent on the circumstances and rules. If there is a court order requiring visitation, the guardian must comply unless there is a compelling reason, such as safety concerns. To modify the order, they would have to go through the judicial system. Consulting with a family lawyer can help you understand your rights and options.