As a custodial parent, sometimes you may wonder, When can you deny visitation to the non-custodial parent? What are the legal reasons for child visitation denial? What are the consequences to deny visitation to the non-custodial parent? Well, this article will help you get the answers to your questions!
When can you deny visitation to the non-custodial parent?
By knowing a little bit about custodial and non-custodial parents and their rights, it becomes easier for you to understand and get the answer to your question “When can you deny visitation to the non-custodial parent?”. So let’s get started!
Who is the custodial and non-custodial parent?
During divorce, the parent who gets the child’s custody is the custodial parent, and that parent has the right to live with and make important decisions for their child. While the other parent is a non-custodial parent and will only have visitation rights. This is basically the case with sole custody, and both parents must obey these rules even if they don’t want to.
About visitation rights
By highly considering the child’s best interests and bright future, even if one parent gets sole custody, the other parent still has visitation rights (as per the court order). That means the non-custodial parent has the right to spend time with their child. And you both can decide the time (as that should be reasonable, like once a week, twice a month, during vacations, and so on).
When can you deny visitation to the non-custodial parent?
You cannot deny visitation to the non-custodial parent (without any court’s order) for any invalid reason. But if there is some legal reason, you must visit court and request to make changes to the child’s custody agreement. The court will only consider legal reasons for denial, while illegal reasons are useless to put up in court. But without the court’s order, you cannot deny visitation to the non-custodial parent.
Being a custodial parent, there are definitely some reasons on the basis of which you want to deny visitation. But take those into account only if they are legal. For that, look at the following legal reasons for denying visitation:
Drug abuse
Abusive environments, including drug and alcohol abuse, should not be taken lightly, as that can put your child’s safety at risk. If you have proof or solid evidence of your ex-partner’s history of drug or alcohol abuse, you can take immediate action.
If your child is in danger
Any kind of physical, emotional, or sexual abuse is dangerous for your child. So if you have witnesses of such abuse from your ex-partner, this gives you a solid reason for denial. Any kind of such risk can give you a legal reason to go to court to deny visitation.
Fear of kidnapping
If you have sufficient evidence of fear of abduction or kidnapping, you can take immediate actions to prevent your child from feeling any sense of danger, such as denying visitation, requiring supervised visitation, etc. For this, you can also get the help of lawyers, as they can provide you with proper guidance.
When child is not willing to see
If the older child doesn’t want to visit and spend time with the non-custodial parent, then the court can take their willingness into account. But the court would like to be sure that it’s completely your older child’s decision, as it’s not the custodial parent who puts bad things in their child’s mind for their non-custodial parent.
Mental illness
In the event of any major mental illness in your ex-partner that can put your child at risk, you can ask the court to deny visitation. Any kind of threat or major risk to the child is highly considered by the court when modifying the child custody agreement.
Just make sure you have solid evidence and eye-witnesses to prove any of the above reasons for requesting to deny visitation to the non-custodial parent in court.
Some illegal reasons for denying visitation to the non-custodial parent
There are some invalid reasons based on which you cannot go to court for the visitation denial, which are:
- Small disputes,
- Just because you feel insecure,
- If your ex-partner’s new partner doesn’t like that visitation time,
- If child support payment gets a little late, etc.
I hope this clarify your doubts about when you can deny visitation to the non-custodial parent by having court orders.
Consequences of denying visitation
Without the court’s order or any solid reason, you cannot deny visitation to the non-custodial parent. If you deny visitation for literally no reason, get ready to face major consequences, which include:
- Fine
- Jail
- Criminal record
- You can even lose the child’s custody.
End Verdict:
Divorce and its impact on child well-being are already too much, so don’t create more troubles in your life unnecessarily. But if you can sense any threat or risk to your child from your ex-partner, consult your lawyer. They help you know the full process and then modify the child’s custody agreement.
If the court gets solid reasons and evidence that show the child is not being treated well by your ex-partner, the court might deny visitation to the non-custodial parent (depending on the situation). In short, to make the right decision, it’s best to consult a good lawyer.
