Denied Visitation With The Non-Custodial Parent
When parents choose not to live together, care for the children is a major concern. Denied visitation with the non-custodial parent often occurs.
It’s important to know when visitation can be denied and when it cannot be denied to the non-custodial parent. Child custody may look different in each individual’s situation. Parents should seek out advice about their specific circumstances. It is crucial to learn what can and cannot be done. Through legal assistance, a parent will gain a better understanding of the law.
What Is Custody and Visitation
Custody refers to the control of and responsibility for a minor child. When parents cannot agree on who a child will live with and who holds primary decision making responsibility the court must intervene.
The Court will prefer that both parents come to an agreement about primary physical custody and a visitation schedule. If the parties cannot come to an agreement, a judge will decide with the entry of a court order.
Such Orders are binding and enforceable but may be modified. Enforcing a custody or visitation order is referred to as an enforcement. Modifying a custody or visitation order is referred to as a modification.
Texas family law statutes use the term Possession and Access rather than custody. Many states and jurisdictions are going to the term Parenting Time.
How The Court Determines Custody And Visitation Rights
Most custody and visitation cases are won outside the courthouse, not during a court proceeding. Very few custody and visitation cases ever have a formal trial. The Court may hear oral testimony and may consider other evidence. Working with legal assistance a parent may devise a strategy to offer information to the Court that proves the parent’s primary role in your child’s life. The parent will also seek to prove the parent is fit and stable, as well as, able to provide a safe and loving environment for the child.
The laws in each state vary, so it’s important to seek genuine legal advice as soon as possible to protect the parent-child relationship.
When Can Visitation With The Non-Custodial Parent Be Denied
A parent who is worried about the other parent’s fitness to parent should seek legal assistance. Under certain circumstances, the custodial parent may have cause to deny the non-custodial parent visitation. However, whenever court order visitation is denied the custodial parent may be at risk of being held in contempt of court due to the violation of the court order. If you feel that it is in the best interest of your child to deny court ordered visitation legal advice may be warranted.
Because Courts often encourage contact with both parents, a case must be made to show why the non-custodial parent is unfit or why the visitation would endanger the child. Evidence that the child’s other parent is erratic, irresponsible, or exhibits dangerous behavior may be beneficial.
Conversely, if you feel the custodial parent is unfairly denying access to the children, seeking legal assistance on an enforcement may be helpful. It will be important to be able to provide a log of dates and times when the court ordered visitation with the child was denied. This denial of visitation may indicate parental alienation being exhibited by the other parent.
The American Family Law Center Can Help
Often times when parents are denying visitation with the other parent this has resulted from a period of conflict. When faced with issues that decide the well-being of children, parents need kindness, understanding, and assistance. America Family Law Center is a recognized expert and offers a wide range of services to families including unlimited consultations with licensed attorneys who can provide experienced advice. Parents having issues with visitation, whether the non-custodial parent or the custodial parent, should call or text today.