reasons to deny child visitation

Four Reasons to Deny Child Visitation

Contact Randle Palmer & Associates PLLC at 520-327-1409 to discuss child support lawyer services in Tucson.

More than 13 million U.S. parents live with at least one child in an official or unofficial custody arrangement. Judges settle on the custodial and noncustodial designation during divorce cases by looking at the child’s best interests.

 However, the custodial parent can choose to deny visitation in several situations. Of the numerous reasons to deny child visitation, only a few are legal. In this article, we’ll cover these legal reasons

1.    Drug and Alcohol Abuse

A parent under the influence of drugs and alcohol is a danger to the child and themselves. You can deny child visitation if there’s sufficient evidence that your ex has a history of alcohol or drug abuse.

It’s important to keep a record of the actions that lead to your decision and keep a note of witnesses you can call on if necessary.

2.    Sexual, Physical, or Emotional Child Abuse

The law seeks to protect children from abuse following divorce cases. You can deny visitation if you have sufficient reason to believe your child is in danger of facing any kind of abuse. For example, the risk of sexual abuse may come from your ex or their new partner.

3.     Legitimate Fear of Abduction

Abduction cases are rare, but valid concern on this front and is one of the legitimate reasons to deny child visitation. If you’re worried about kidnapping, you can seek legal advice on possible preventative measures, such as supervised visitation..

4.    Disapproval From the Child

Older children may refuse to spend time with the noncustodial parent—especially if they believe the parent caused the divorce. In this case, the ex-partner may decide to waive the visitation of their own volition. Otherwise, you can seek denial of visitation.

However, you may need to prove that you haven’t contributed to the situation by badmouthing your ex in front of the child.

What Are Illegal Reasons to Deny Child Visitation?

Custodial parents cannot deny child visitation on a whim. It’s illegal to deny child visitation for the following reasons:

●        Late child support payments

●        Unfounded disapproval of your ex’s new partner

●        Minor disputes

You could be in contempt of court for violating the child custody arrangement by denying visitation illegally. The offense is punishable by possible jail time, a criminal record, and fines.

Relay any concerns (including legitimate reasons) to a lawyer before making a decision. The court will amend the visitation after reviewing credible evidence.

Book an Appointment

Randle Palmer & Associates PLLC is a family law firm with years of experience helping custodial and noncustodial parents navigate child custody arrangements. Talk to us today if you believe you have reasons to deny child visitation.

We work hard to help our clients by offering legal advice and guidance. We also provide clarity about common family law problems. For more child-custody-related information, read this post to learn about what default judgment means.

Call Randle Palmer & Associates PLLC at 520-327-1409 to speak with our Tucson, AZ, family lawyers today.

Grandparents’ and Third Party Rights in Arizona

Grandparents’ and Third Party Rights in Arizona

Third Party Rights in Arizona

Circumstances often arise requiring someone other than a legal parent to care for a minor child or children. Grandparents are often required by circumstances to care for their grandchildren. Aunts and uncles often care for their nieces and nephews, and sometimes family friends are required to step in to care for friends’ children or children’s friends. Without the proper court orders, a third party caring for a minor child lacks the authority to consent to medical care, enroll the child/children in school, or apply for benefits on their behalf.

Grandparents Rights in Arizona

In Arizona, there are a number of different mechanisms for grandparents, relatives, or other third parties to gain placement and legal decision-making authority (formerly called custody) over a minor child. Depending on which route you choose, you may have to file in a different court, and different legal standards apply. In this post, I will discuss the simplest methods for obtaining third-party custodial rights: Signing a Power of Attorney, and Title 14 Guardianship. In a later post, I will outline Arizona’s In Loco Parentis statute, and discuss filing a Juvenile Dependency case.

Third Party Rights in Arizona

Power of Attorney – The simplest way for a parent to grant a third party the ability to consent to medical care and enroll a child in school is by executing a valid power of attorney. The Power of attorney form must comply with A.R.S. §14-5104, must explicitly lay out the custodial rights being conveyed, which cannot include the right to consent to marriage or adoption, and most importantly expires after six months. A parent’s signature on a power of attorney must be notarized to be valid, and a power of attorney is revocable at any time through another notarized statement.

A valid power of attorney is a helpful temporary means of conveying custodial rights in the short term but does not do much good if a third-party is attempting to protect a child from abuse or neglect, or if a parent is not on board with third party custody.

Title 14 Guardianship

Unlike a power of attorney, a Title 14 Guardianship does not expire. However, there are several important factors for the third party like grandparents to consider before filing for a Title 14 Guardianship to obtain rights.

  1. A Title 14 Guardianship requires the consent of the parents, or if the parents are not available to consent that the parents be served with the Petition and not object.
  2. Prior to a Title 14 Guardianship being ordered, the proposed guardian is required to complete several fiduciary trainings online
  3. After a Title 14 Guardianship has been entered, a parent can revoke the guardianship at any time by filing the proper documents with the Probate Court. After a parent has filed to revoke consent for the guardianship, the Probate Court will set the matter for a hearing, and the guardianship will be dismissed. Even if the guardianship is in the best interest of the minor child/children, the Probate Court has no power to keep a guardianship open once a parent has withdrawn consent.
  4. Title 14 guardians must file an annual guardianship report with the Probate Court, updating the court on the status of the minor child/children who is/are subject of the guardianship.  

The best options for Grandparents to get rights

Title 14 Guardianship is a good option in situations where the parent’s consent, or where there are no legal parents able to care for a child. Probate self-service forms are available at https://www.sc.pima.gov/

If you have any further questions or need help with the process, please call our office at (520) 327-1409 to schedule a consultation. Here is a link to the Grandparent’s rights page

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