In a divorce or legal separation, the spouses must resolve the issue of custody of their child or children. This means that either the parents must agree on a parenting plan or the court would determine a plan. In both cases, a court order incorporates the plan and it includes provisions for child custody and parenting time, which is what “visitation” is now called in California.
The parenting plan determines where the child is going to live, which is physical custody, and who will make the decisions about the child’s upbringing. If the child is ordered to live primarily with one parent, the parent is referred to as the “custodial parent,” and the other parent is called the “noncustodial parent.”
In a case in which one parent has primary physical custody, the noncustodial parent is usually granted parenting time, which used to be referred to as “visitation.” The right to visitation, or “parenting time,” enables the non-custodial parent to spend time with their child on a regular basis and maintain their parental relationship with them.
Parenting plans must serve the best interest of the child. This is the legal standard that courts in California apply to decisions regarding child custody, parenting time and parenting plans. Until the parents agree on a plan or the court determines what the plan is going to be, both parents have the equal rights to custody, both physical and legal.
This means that they must make decisions collaboratively with each other. And neither parent has an exclusive right to have their children reside with them.
A legal consultation in California with a California lawyer would help a parent understand child custody, parenting time and parenting plans in that state.
What are Some Common Reasons for Denying Child Visitation to a Parent in California?
However, while courts generally prefer to grant both parents some sort of role in a parenting plan, a court may deny a noncustodial parent visitation rights if it is persuaded that it would serve the best interests of a child. For instance, if the custodial parent can prove that the noncustodial parent is violent or abusive towards their children, then a court may deny them visitation or may require that visitation be supervised.
Some other reasons that a child visitation court may deny or restrict a noncustodial parent’s visitation rights include the following:
- There is evidence that a noncustodial parent has molested a child.
- There is evidence that a noncustodial parent is likely to kidnap or has kidnapped a child in the past.
- There is evidence that the noncustodial parent abuses controlled substances or alcohol, especially if they do this in the child’s presence.
In addition, a custodial parent may wrongfully take matters into their own hands and defect their own denial of visitation rights without the approval of a court. When this type of situation arises, it can lead to serious legal repercussions for the custodial parent if they cannot provide a good reason. A custodial parent could even lose custody.
Therefore, it is very important that both parents go to court to make any changes they need to an existing parenting plan and not to try to make changes on their own.
Can I Ask the Court to Deny Child Visitation in California?
A parent may ask the court to deny child visitation rights to the other parent under certain circumstances. This is the typical method that a parent must pursue in order to deny child visitation rights to the other parent. However, this does not necessarily mean that a court will approve the request.
Again, courts must make a determination based on applying the child’s best interest standard and denying visitation completely may not be in the child’s best interest in some cases. Most courts will only deny or restrict visitation rights in very few situations. Some conditions that may lead a court to suspend a parent’s parenting time include the following:
- If the parent has inflicted violence on the child.
- If the parent has sexually abused the child.
- If the parent has abducted the child.
- If the parent is emotionally abusive of the child.
- If the parent abuses controlled substances, and does so in front of the child;
- If the parent engages in any other behavior that would be harmful to the child’s well-being and development.
- If the parent is incarcerated.
In California, Can You Lose Custody if You Deny the Other Parent Visitation?
It is possible for a parent to lose custody of their child if they deny the other parent visitation rights. Only a court may deny the other parent visitation rights over their child. As previously discussed, if a custodial parent wants to prevent a noncustodial parent from spending time with their child, then they go to court and get a court order that denies visitation rights to the noncustodial parent.
Again, the decision must be made by a court and cannot be done simply on a parent’s whim. If a custodial parent refuses to use a court and goes so far as to hide or remove a child from their residence to a secret location, then they will likely be at risk of losing custody over their child. They may also potentially lose their other parental rights as well.
Can a Court in California Punish the Custodial Parent for Denying Visitation?
In most instances, a court is likely to punish a parent who denies a noncustodial parent their court-ordered parenting time. The punishment may depend on the frequency and length of the custodial parent’s denial of the other parent’s visitation rights.
Some examples of the types of punishment that a court might impose on a custodial parent for denying a noncustodial parent’s parenting time include the following:
- A modification of their child custody order, granting child custody rights to the other parent
- A suspension or denial of future child support payments, maintenance, or spousal support
- An admonishment of the custodial parent by the court in person
- Holding a custodial parent in contempt of court.
However, in extreme or unusual situations, a court might recognize that a custodial parent was justified in denying the noncustodial parent their parenting time. If a noncustodial parent were to arrive at the custodial parent’s home in an inebriated state in their car to pick up the child for their parenting time, the custodial parent might be reluctant to allow their child into the car that their inebriated ex-spouse is going to drive.
Is it Ever Legal To Deny a Parent Child Visitation in California?
As noted above, it is almost never legal to deny a parent their parenting time without court permission. For example, if a noncustodial parent is behind on child support payments, they still have a right to their parenting time. If this becomes a recurring issue, the custodial parent should seek help in collecting child support from a court or from the California Department of Child Support Services (DCSS).
The DCSS is a state agency that enforces child support orders at no cost to parents who open a case. An application to start a case can be obtained online at the agency’s website. A parent who is owed past support should advise DCSS if a child support order has been issued by a court.
Once a DCSS case is opened, the other parent must be notified. The DCSS can help locate the parent if their current location is not known. But even if the other parent has moved to a different state, the California child support order is still enforceable in any state in the U.S.
Again, if a noncustodial parent abuses alcohol or behaves violently towards a child, then the custodial parent should call local law enforcement for help. Generally, if there is an issue with one of the child’s parents, the other parent should always use the proper legal channels, as opposed to taking matters into their own hands. In an emergency, they can contact the police.
In California, How is Child Visitation Restricted? Can Child Visitation Rights Be Suspended?
In general, being granted restricted visitation means that the parent’s visits with their child would be supervised by a neutral third party. The neutral third party is usually a social worker who is assigned by a court. In most cases, the parenting plan described in the court order specifies the conditions of a restricted parenting time, including the location and the role that the social worker should play. Sometimes, the person who supervises the visit would be a family member.
A parent whose parenting time is supervised might be able to get unrestricted visitation rights after completing an abuse prevention program or receiving rehabilitative treatment for alcohol or substance abuse.
A parent who believes that restricted visitations would be in the best interests of their child for these reasons must go to court and show why supervised parenting time for the other parent of their child would serve the best interests of the child. For example, the custodial parent would need to present evidence that the noncustodial parent has neglected or abused their child in the past.
How Do I Enforce My Visitation Rights?
If a parent is being denied their parenting time by the other parent, there are a few steps that they should take to make sure they get the time to which they are entitled. The most important step to take in such situations is to contact the custodial parent to make sure there are no misunderstandings about what the court order in their case requires.
In the event that a noncustodial parent cannot reach the custodial parent or if the custodial parent refuses to speak to them, they may then need to do the following:
- Document Violations: A parent whose right to parenting time has been denied should document each instance in which they have been denied visitation with their child. For example, they can note the location, date and time when a custody exchange was supposed to take place, but did not because the other parent’s made it impossible.
- Contact Their Lawyer: Sometimes a custodial parent’s lawyer may be able to negotiate a resolution of a parenting plan conflict.
- Contact Authorities: If there is a parenting plan court order in place, the custodial parent can contact local law enforcement for help and file a report with the police if there is a violation. In some cases, the authorities may even be willing to schedule a civil standby, which is when a child custody exchange occurs with police supervision.
- Communicate with the District Attorney’s Office: Many counties in California have a child abduction department located within their local district attorney’s office. They may be able to assist in enforcing parenting plans. They can also help in preventing a parent from abducting a child.
- File a Motion in Court: If a custodial parent consistently denies a noncustodial parent their parenting time, then the noncustodial parent may file a motion in court to request a modification of the court-ordered plan. In their motion, the noncustodial parent may ask the court to modify or enforce the order. Or they may ask the court to issue sanctions or use other measures to prevent future interference with their parenting time. They may request a change in custody and supervised parenting time for the other parent.
- File a Petition for Contempt of Court: Contempt is a type of judicial proceeding that is brought against a person who is in violation of a court order/ In a contempt proceeding, a judge may issue sanctions, such as a fine or require that the offender serve jail time for violating a court order.
Should I Hire a Lawyer in California if I Have an Issue With Child Visitation?
If you are a custodial parent and you have concerns about your ex-spouse’s conduct during their parenting time, you need to talk to a California child visitation lawyer. Or, if you are a parent whose ex-spouse interferes with or otherwise fails to respect your parenting time with your child, you also want to talk to a California child visitation lawyer.
Your attorney can review all the facts of your situation and recommend steps you can take to make it work for you. This may involve negotiations or you may have to go to court. If you must take legal action, you want a knowledgeable California lawyer to represent you for the best result.
