Can You Change Visitation Because You’re Worried About Your Child’s Safety?

When it comes to parenting plans, courts generally prefer consistency and stability. But what happens when something changes — and you’re no longer sure your child is safe during their visits with the other parent?

At Ryan & Rouse, we frequently help parents modify visitation orders when serious concerns arise. Whether you’re seeing red flags, documenting troubling behavior, or dealing with an emergency, here’s what you need to know about modifying visitation due to safety concerns in Alabama.

Alabama Law: The Child’s Best Interests Come First

In Alabama, the standard for modifying visitation is based on the best interests of the child. If there are credible concerns that visitation is:

• Emotionally harmful
• Physically dangerous
• Inconsistent with court-ordered protections
• Disruptive to the child’s health or education

…the court may modify, restrict, or supervise the visitation schedule to ensure the child’s safety and well-being.

Common Safety Concerns That Justify a Modification

The court will not change visitation over minor parenting differences — but it will act when there's evidence of risk or harm, such as:

• Substance abuse or being under the influence while the child is present
• Neglect, such as failing to provide food, supervision, or medical care
• Physical abuse or credible threats of violence
• Exposure to dangerous people or environments(e.g., criminal activity, domestic violence)
• Mental health concerns that impair judgment or stability
• Repeated violations of court orders, especially when they put the child at risk

Every case is fact-specific, but the more clearly the behavior affects the child’s safety, emotional health, or daily routine, the stronger the argument for modification.

What You’ll Need to Prove

To modify visitation in Alabama, you’ll need to show:

1. A material change in circumstances affecting the child’s well-being
2. That changing the visitation schedule is in the child’s best interest

Helpful evidence may include:

• Police reports or DHR investigations
• Medical records or therapy notes
• Texts, emails, or voicemails showing concerning behavior
• Witness statements from teachers, counselors, or family members
• Documentation of missed or inconsistent visits

At Ryan & Rouse, we’ll help you gather and present this evidence in a way the court takes seriously.

Possible Outcomes of a Visitation Modification

Depending on the severity of the situation, the court might:

• Temporarily suspend visitation until concerns are resolved
• Order supervised visitation through a third party
• Require the parent to complete drug treatment, counseling, or parenting classes
• Modify the schedule to limit overnight visits or unsupervised time
• Reinforce or restructure the existing parenting plan with new safeguards

We can also seek emergency relief in urgent situations where the child is in immediate danger.

Don't Wait If Your Child Is at Risk

If your gut is telling you something isn’t right, don’t ignore it — but don’t act rashly either. Withholding visitation without a court order can backfire legally, even if you believe you're protecting your child.

Instead, let Ryan & Rouse help you take the legal route to protect your child while preserving your credibility with the court.

📞 Call us today at (256) 801-1000 to schedule a confidential consultation. We’ll listen, review your evidence, and fight for a custody or visitation arrangement that puts your child’s safety first.