Four Reasons to Deny Child Visitation
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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 & Bernays 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 & Bernays PLLC at 520-327-1409 to speak with our Tucson, AZ, family lawyers today.