Custody and visitation issues can be complicated, especially when there is conflict between parents. While the non-custodial parent typically has a legal right to visit their child, there are some situations where denying visitation may be appropriate.
Potential target audiences who would find this article valuable include: divorced parents, single parents, grandparents and other relatives raising children, family lawyers, mediators and counselors who work with families on custody agreements, and judges who preside over family court.
Protecting the Child’s Safety
The court can deny the non-custodial parent visitation if there is evidence it would seriously endanger the child’s physical, mental, moral or emotional health. For example:
- Physical, sexual, or emotional abuse of the child
- Domestic violence in the home
- Severe drug or alcohol abuse
- Mental illness that causes unstable or frightening behavior
The concern over the child’s safety must be substantiated by police reports, medical records, testimony from counselors or doctors, or other documentation.
Supervised Visitation
If the non-custodial parent engages in inappropriate behavior that does not quite rise to the level of denying all visitation, the court may order supervised visitation instead. A social worker, relative, or other third party would monitor interactions between the parent and child.
Failure to Pay Child Support
While failure to pay child support does not automatically mean losing visitation rights, judges can deny visitation to pressure the non-custodial parent to pay. The court would likely order make-up parenting time once the parent starts complying with child support orders.
Establishing Paternity
When paternity has not been legally established, the biological father has no legal right to visitation. Paternity tests or being named on the birth certificate offer ways to establish legal rights.
Parental Alienation
In extreme cases where one parent has tried to turn the child against the other parent, the court may temporarily halt visitation with the alienating parent. The goal is to give the child space from that influence, and potentially require counseling to repair the relationship.
Relocation Cases
If the custodial parent wants to move far away with the child, a judge may initially deny visitation until custody gets re-established through mediation and a new shared parenting plan.
What To Do If Visitation Gets Denied
If you are the non-custodial parent who gets denied visitation, remain calm. Seek legal advice about filing an appeal or modifying the custody agreement. Also document your efforts to comply with court orders, complete counseling, maintain sobriety, etc. to demonstrate you deserve visitation.
If you are the custodial parent but worry about the child’s safety, document all concerning incidents and get statements from witnesses in advance, in case you need to request denying visitation.
Focusing on the Child’s Best Interest
While custody battles can get nasty between ex-partners, judges must focus on the child’s best interest when ruling on visitation rights. In some cases that means protecting them from a harmful parent. But the goal is to repair relationships so the child can benefit from both parents in their life.
