However, in some cases, a judge may grant supervised visitation. These issues might even extend to others living in your household, such as if you move out of the marital home and take on a roommate who uses illegal drugs or has a history of violence. If a court enters an order granting visitation rights to the other parent during a divorce proceeding or otherwise, the custodial parent is violating the order if he or she denies visitation with the child. Either parent may file a petition with the court to modify or suspend visitation rights based on a variety of circumstances. That doesn’t mean you won’t come up against a homophobic judge, even in those states. It’s a common situation that one parent develops ill feelings toward the other following a divorce or breakup, but that is not a reason to deny visitation. In the cases of child custody and visitation, when one parent becomes emotionally charged, they often make rash decision that could harm them and their time with the children down the line. Unless otherwise ordered by the court, parents are considered fit to care for their child(ren) and make decisions regarding the day-to-day aspects of parenting while the child(ren) are in their care. This information sheet is also available in Spanish, Chinese, Korean, and Vietnamese. Addiction. If the child is in immediate harm, the parent can contact the police. None of the following are valid reasons to deny visitation: The child is sick. If the child is hospitalized, the custodial parent is expected to inform the non-custodial parent so that the visit can take place at the hospital. The parent has a history of alcohol or drug abuse3 5. The court can deny or restrict visitation if for example, the … This is especially true if the neglect is pervasive. Examples of circumstances that often result in a temporary or permanent denial of visitation rights include: Circumstances that place the child in harm or could cause harm to the child may be considered sufficient grounds to deny parental visitation. Unless a child is subjected to abuse, violence, or other situations of imminent danger while in the care of a non-custodial parent, it can be assumed that he or she has the right to visitation. Acceptable Visitation Denial A parent who believes that their children are in imminent danger can refuse visitation. A parent's visitation rights may be denied or suspended if a judge determines visitation with the parent is not in the child's best interest. However, the parent should work with an attorney or local authorities instead of attempting to handle the matter alone. It's the responsibility of the custodial parent to ensure that the child's schedule is structured around the visits. Use of our products and services are governed by our Either parent may present evidence to the court asserting that it's not in the child's best interest for a parent to have visitation rights. With supervised visitation, the child is permitted to continue a relationship with the parent, but the parent's contact with the child is monitored so the child is not harmed or placed in a situation in which harm might occur. Visitation rights aren't contingent upon timely child support payments, so even if the ex isn't current on the payments, he or she still has the right to see the child. Hasselberg, Rock, Bell & Kuppler: Restricting Visitation, Legal Aid Network of Kentucky: Visitation – Common Questions, Substance abuse, especially abuse of illegal substances, Dangerous and hazardous living conditions, Refusal to coparent or intentional interference and cause of harm to the child's relationship with the other parent, Allowing children to miss school excessively during visitations, Exposing children to dangerous situations or individuals. While a parent moving out of state can create visitation difficulties for the other parent, courts recognize that adults sometimes need to move b… The court could sanction a parent who withholds visitation because the other parent is behind in child support payments. There's no bedroom for the child at the ex's house. The reasons as to why your child is refusing visitation with your co-parent are unique to your situation, but some causes might include: Your child is unhappy with the rules they must follow at your co-parent's house; Your co-parent lives far away from their friends, school, activities, and other things they enjoy Displaying the tendency for domestic abuse could be enough grounds for any court to deny a parent custody of the child. The COVID-19 outbreak has affected every aspect of American life—from school, work, and travel to how we buy gr… If a child is malnourished, he or she may look very thin, lack energy or become ill more often than what is normal. If a parent has sole physical custody, their child will live with them full time and have visits (potentially supervised visits) with the other parent, unless the court finds that visits wouldn't be in the child's best interest.. These issues might even extend to others living in your household, such as if you move out of the marital home and take on a roommate who uses illegal drugs or has a history of violence. Our network attorneys have an average customer rating of 4.8 out of 5 stars. a good child focused decision to deny parenting time to the non custodial parent just because that parent refuses to pay child support. The fact that the other parent doesn't have a separate bedroom for the child is a frequent reason why parents choose to refuse visitation. What Are Valid Reasons to Deny Visitation. However, the lack of a separate bedroom isn't an appropriate reason to refuse visitation. Still, this fact isn't enough to prevent squabbles between co-parents, particularly those who are contending with hurt feelings along with the complications of shared parenting. The child is sick. There's bitterness and hostility felt toward the ex. This can be tricky because a child may refuse visitation with a parent for a legitimate reason. A court will look at several factors when determining whether domestic violence is an appropriate reason to refuse visitation, including whether the child or a sibling was the target of the violence, whether the child witnessed domestic violence, and whether the parent has received counseling for domestic violence On the other hand, if you have concerns about the safety or well-being of your child in the custody of the other parent, you may have a valid reason to question the wisdom of allowing your ex to have visitation. The parent's parental rights have been termin… We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. LiveAbout uses cookies to provide you with a great user experience and for our. The child has other plans, or you'll be on vacation. Economic reasons for child relocation are often cited in relocation petitions. There's resentment toward the ex's significant other. In some cases, parents may be denied visitation rights in addition to child custody. However, child support and child visitation are two separate matters. Whether it's the common cold, the chicken pox, or something else altogether, illness isn't considered a lawful reason to deny the visit. When substance abuse causes a parent to use abusive language, drive while impaired, or mistreat the child, a court may restrict or even deny visitation. Failure to pay child support is a common reason a parent may deny visitation with the other parent. Thank you for subscribing to our newsletter! More Child custody Family court and child custody cases Visitation rights in child custody agreements Father's rights in child custody Family law Parental responsibility Laws are ever-evolving and, hopefully, each state will have fair trials and settlements so that each parent has an equal chance of obtaining custody. The top 4 reasons fathers lose custody include child abuse or neglect, substance abuse, exposing the children to overnight guests, or not following the right of first refusal agreement. It is also illegal to deny visitation for mundane reasons, such as the child being sick, a child being out of town, or because one parent has a problem with the new significant other. However, most states also allow judges to consider other relevant information that is necessary to determine the child's best interest. If you believe visitation with your child's other parent is harmful to your child, you can work with the court to protect your child. Custody laws require that judges consider the best interests of the child when ruling on custody and visitation matters. However, if the court has given visitation rights to an ex-spouse, the child cannot deny it. While visitation rights are typically granted, a court can deny or restrict visitation for various reasons. Neither situation is grounds to refuse visitation. When that's not possible, the custodial parent is obligated to get the co-parent's permission (in writing) that the visitation can be rescheduled. Certain other states have laws that forbid judges from using sexual orientation alone to deny custody or limit visitation. Maintain a calendar of any time you were denied visitation, no matter the reason. After considering the evidence presented in court, a judge may determine one of three outcomes: insufficient evidence to deny visitation, visitation should be limited/monitored, or visitation should be denied. To get an overview of the child custody and visitation process, read the Child Custody Information Sheet (Form FL-314-INFO). This leaves them wondering about the reasons for their resistance and what they can do about it. Drug or alcohol dependency can cause a court to deny custody, as can threats or attempts to kidnap the child and remove him from the court's jurisdiction. When Your Child Refuses Visitation. On March 11, 2020, the World Health Organization declared COVID-19 a pandemic due to its severity and rapid global spread. Child neglect may be a reason to lose custody of a child if that neglect endangers the child's health or safety. For many years, the law preferred the mother to be a child's custodian. Of the aforementioned reasons for a parent being denied physical custody of a child, the same are applicable in regards to a parent being awarded sole custody. If there is a court order for parental visitation, you better abide by it. If there is legitimate reason for concern, the custodial parent will want to get to the bottom of it. 4 Legitimate Reasons for Keeping Your Ex From Visiting Your Child, The Difference Between Physical Custody and Joint Physical Custody, How to Prove You Are the Better Parent in Child Custody Case in Court, Don't Be a Victim of These Brutal Tactics During Your Divorce, Contempt of Court After Divorce: What It Means and How To File, Consider These 9 Pieces of Advice If You're Thinking About Divorce, 26 Questions to Ask Before Hiring a Divorce Lawyer, 8 Essential Things to Know About Restraining Orders, 6 Ways To Protect Your Legal Rights During Divorce, How to Get a Restraining Order Against Your Ex, When Love Isn't Love: 10 Signs of an Emotionally Abusive Relationship, The Difference Between Legal Custody and Joint Legal Custody. What are valid reasons, to the court, for denying visitation? A common situation is where the court believes that the child might be in danger due to the visitation. The custodial parent can face legal repercussions including fine, jail time, and loss of custody. Terms of Use and Many divorced parents experience times when their child refuses visitation with the other parent. It's widely accepted that a child thrives when both parents take an active role in the child's life. The best thing to do is to learn to manage one’s anger. file a petition with the court to modify or suspend visitation rights. Visitation or parenting time schedules are complex and must be handled with the best interests of the child in mind. Custody Relocation Reasons And Intent: Ultimate Question “What Is in the Child’s Best Interest?” Relocation is a legal issue the custodial parent (although it does apply to non-custodial parents) often present Ciyou & Dixon, P.C. Not only is this not in the best interest of the child, it's also illegal. No. It may be that the child is just resisting the new circumstances. A parent should not act on a child's initial impulse; instead, the parents should communicate about possible causes of the child's refusal to visit. However, the refusal can simply stem from the child's resistance to the change. In most cases, the court requires that the party demonstrate a substantial change in circumstances that justifies modifying or suspending visitation. If you believe your child is in imminent danger, consider contacting your local law enforcement agency for immediate assistance. If the child is in the hospital, you have a duty to notify the other parent so they can visit their child. Do You Have to Be Divorced to Pay Child Support or Can You Be Legally Separated? If you have rain to believe thr children are in danger while visiting the noncustodial parent, you should present your concerns to the courts. 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