You will need to show the family court judge that continuing visitation with the father is not in the child's best interest or that starting visitation privileges may harm her. In some jurisdictions, a custodial parent may deny visitation if visitation with the non-custodial parent would risk exposing the child to direct bodily injury or emotional abuse. 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 content is not legal advice. 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. If the child is in immediate harm, the parent can contact the police. You will need to show the family court judge that continuing visitation with the father is not in the child's best interest or that starting visitation privileges may harm her. 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. Another reason is if you believe that the other parent is abusing drugs or alcohol, especially if you truly believe these accusations or have proof of such. Supervised visitation … Se Habla Español! by Amy Montes court makes it rare for a custodial parent to deny visitation by the non-custodial parent. There are exceptions, but most judges begin custody and visitation hearings with this presumption. The trial court order contained findings of fact indicating that the court had no evidence at all about father’s fitness or current circumstances that would support a conclusion that visitation between father and the children would be in the best interest of the children. Please contact Canterbury Law Group today to learn more about your personal legal needs. In a recent blog post, I wrote about newly enacted legislation stating it is the public policy of North Carolina that custody determinations made pursuant to Chapter 50 of the General Statutes should encourage and supports a child’s relationship with both parents. Neither situation is grounds to refuse visitation. Such specific findings relating to the particular circumstances of the case are required when visitation is denied or significantly restricted; it is not sufficient to assume that some situations automatically will support restrictions. 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. In another scenario, the child might not care for the new mate and refuse the visitations as long as he or she is in the picture. Alaska is a state that will refuse visitation when a parent has a domestic violence record. No Need to Find Waiver of Constitutional Rights. Since this is not seen as a harmful act to the child, you are not permitted to deny visitation for this reason. access to independent attorneys and self-help services at your specific direction. This is not a reasonable excuse to deny visitation – but we will go over some things that are valid reasons. Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. Under certain circumstances, a court may deny visitation, but a custodial parent cannot do so on her own. This is why the court makes it rare for a custodial parent to deny visitation by the non-custodial parent, because it could affect a child negatively. Due to this lack of information, the custody order simply continued the supervised visitation schedule originally set in a temporary custody order because there was no evidence indicating this visitation had not worked to the benefit of the child in the past. However, the parent should work with an attorney or local authorities instead of attempting to handle the matter alone. a law firm or a substitute for an attorney or law firm. What Are Some Common Reasons a Parent Is Denied Visitation Rights? So when is it appropriate for a court to limit a parent’s access to his child in such an extreme way? In What Circumstances Does Supervised Visitation Apply to a Case? The court will only revoke visitation in severe cases. After earning degrees in political science and English, she attended law school, then earned her master's of science in mental health counseling. It may also grant supervised visitation … “Grounds for Denying Visitation Rights.” LegalZoom Legal Info, 21 Nov. 2017, https://info.legalzoom.com/grounds-denying-visitation-rights-26246.html. The court of appeals disagreed, holding that the constitutional analysis set forth in Petersen and subsequently clarified by Price v. Howard, 346 NC 68 (1997), has no application in custody cases between two parents. 714-731-8600 The School of Government at the University of North Carolina at Chapel Hill. Thank you for subscribing to our newsletter! file a petition with the court to modify or suspend visitation rights. The court will generally refuse to suspend visitation unless the father is abusive towards the child or has mental health, substance abuse, or lifestyle issues that put the child at risk.

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