Denied Child Visitation Lawyers
What Can I Do if I'm Denied Visitation?
The custodial parent sometimes interferes with child visitation and forces the non-custodial parent to seek alternative ways to maintain the parent-child relationship. For the non-custodial parent whose right has been denied there are mild, moderate and severe enforcements of the right to visitation.
- Mild enforcements are: filing a police report, modifying the visitation judgment to exactly specify the time and place of visitation, award make-up visitation and family therapy or mediation
- Moderate enforcements are: supervised visitation, having a third party responsible for overseeing visitation and award of attorney's fees
- Severe enforcements are: contempt proceedings, court permission to withhold child support, change of custody and suing the other parent for hindering visitation
Would A Court Punish The Custodial Parent For Denying Visitation?
This question depends on individual judges, although punishments for breaching visitation agreements are not uncommon. Punishments are based on the frequency and length of denial. Such punishments may include:
- Make-up visits
- Suspension of child support
- Change of custody
Is There Ever A Time When It Is Legal To Deny Visitation?
Generally, it is almost never legal to deny visitation without a court order. If the non-custodial parent is late on child support, the visitations must continue anyway. Consult the court if child support is a problem.
If the non-custodial parent is abusive or has very obvious problems, such as drinking or using drugs, then it is best for the custodial parent to call the police to handle it. In essence, if there is a problem with one parent, the other parent should always pursue the proper legal course of action rather than take the law into their own hands.
Can I Ask The Court To Deny Visitation?
Yes and this is the legally preferred method for restricting visitation, even if the courts may not grant such a request. Remember that family courts are bound to do what they believe are in the child’s best interest. As such, judges will only permit the restriction or denial of visitation rights for limited circumstances. However, some of these circumstances may create a suspension of visitation rather than permanent custody change.
- Violence or physical harm
- Child Abduction
- Emotional abuse of the child or non-custodial parent
- Substance abuse, especially with illegal substances
- Parental incarceration, although this may result in suspension rather than custody change
- Extreme sexual behavior which may have a harmful effect on the child
Do I Need a Lawyer for My Visitation Issue?
If you are seeking to enforce your visitation rights with your children, it may be wise to consult with a family lawyer to discuss how to go further. Working with an experienced family lawyer can help you understand your rights and help you deal with the complicated legal system.
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Last Modified: 01-14-2014 12:27 PM PST
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