When parents are involved in a divorce or child custody case, one of the parents can be awarded a larger amount of rights over a couple’s children than the child’s other parent. The parent who has more rights is called the custodial parent and the other parent is called the noncustodial parent.
Noncustodial parents are often awarded a basic amount of visitation rights. These rights allow them to spend time with their child, often according to a set schedule.
Although a court usually wants to give both of a child’s parents some rights over their child, the court can deny the noncustodial parent’s visitation rights if it is in the best interests of the child. A noncustodial parent’s visitation rights may be restricted or even denied when there is evidence that the non-custodial parent:
- Is violent or abusive toward the child
- Molested a child
- Abuses alcohol or drugs
- Has kidnapped or is likely to kidnap a child
- Has been accused of child abuse, domestic violence, or sexual assault of a minor
A custodial parent cannot deny a noncustodial parent’s visitation rights unless a court approves of the conduct.
What Are Some Common Reasons for Denying Child Visitation to a Parent in New York?
In New York, as in other states there are many different reasons why a child’s custodial parent might want to deny the child’s noncustodial parent visitation rights in addition to those noted above, such as differences in opinion on religion and education issues, a parent not wanting the child to spend time with the other parent or the other parent’s new partner, and if the noncustodial parent is behind on their child support payments.
When there is a valid child visitation court order, a parent who does not comply with the order can face serious repercussions. If either parent wants to change the order, they have to ask for a modification from the court.
To find out more information if child visitation has been denied, it is important to have a legal consultation in New York.
Can I Ask the Court to Deny Child Visitation in New York?
Yes, a New York parent can ask a court to deny child visitation in certain situations. It is important to be aware that, simply because a parent makes this request does not mean that it will be granted.
A court will make these types of decisions about denying visitation based on the child’s best interests standard. Examples of situations that may result in a denial of visitation rights may include:
- Proof that the parent was violent towards or sexually abused the child
- If the parent is emotionally abusive towards the child
- If the parent often uses drugs or alcohol in front of the child
- When the parent engages in behavior that is harmful to the child’s development and well-being
- The parent is incarcerated
New York lawyers can provide New York parents with information on how they can request that their child’s other parent’s visitation be denied.
In New York, Can You Lose Custody if You Deny the Other Parent Visitation?
Yes, it may be possible for a New York parent to lose custody of their child if they deny the child’s other parent visitation. As previously noted, if a custodial parent does not want to allow the child’s other parent to have the right to spend time with them, they have to make that request with the court.
Parents can also potentially lose custody if they hide their child or move them to an unknown location. In addition, they are also at risk of losing additional parental rights if these actions are taken.
Can a Court in New York Punish the Custodial Parent for Denying Visitation?
Whether or not a court in New York can punish a custodial parent for denying visitation rights to the child’s other parent depends on the jurisdiction, but is typically allowed, especially when there is already a custody order in place. The punishment for this conduct can be handed down according to the length and frequency of a custodial parent’s denial of visitation rights.
There are several different examples of punishments that custodial parents may be subject to if they deny a noncustodial parent visitation rights, such as:
- Modifying the order to grant the noncustodial parent custody rights
- Suspending or denying future spousal support or child support payments
- Admonishing the custodial parent in open court
- The custodial parent being found in contempt of court
Is It Ever Legal To Deny a Parent Child Visitation in New York?
As previously discussed, it is typically never considered legal to deny visitation rights to a noncustodial parent without first getting permission from a court. If the custodial parent has an ongoing issue with the noncustodial parent, such as nonpayment of child support, they should consult with a lawyer who can notify the court.
In emergency situations, such as violence, a custodial parent should notify the proper authorities and determine how to move forward with visitation in that specific instance. In the absence of an emergency, a parent should always use the proper legal channels.
In New York, How Is Child Visitation Restricted? Can Child Visitation Rights Be Suspended?
In New York, restricted visitation means that a noncustodial parent can only visit with their child when they are being supervised by a neutral third party, often a social worker assigned by the court. The noncustodial parent may be able to request their visitation no longer be restricted if they complete rehabilitative treatment or prevention programs.
In most cases, when a custodial parent asks for restricted visitations to show why this should occur. For example, if the custodial parent can prove that the noncustodial parent has abused or neglected the child previously.
A noncustodial parent’s visitation rights can also be suspended for reasons including, but not limited to:
- Repeated violations of the visitation order
- Allegations of violence, threatening to harm the child, or threatening to kidnap the child
- When the child finds visiting with the noncustodial parent upsetting
- Other issues that can have an effect on the child’s overall well-being, health, and safety
The custodial parents making these requests will need to show that suspended, restricted, or even the denial of visitation would be in the best interests of the child.
How Do I Enforce My Visitation Rights?
If a New York parent is being denied visitation rights, they can take certain steps to enforce those rights. One option, if the parents are in communication, is to reach out to the custodial parent and ensure that there are no issues or misunderstandings that need fixing.
If the noncustodial parent is having problems with visitation issues, they should take the following steps:
- Document all violations
- Contact the appropriate authorities
- Notify the proper department in the District Attorney’s Office, if applicable
- File a motion in court
- File a petition for contempt of court
Should I Hire a Lawyer in New York if I Have an Issue With Child Visitation?
If you have any issues related to your New York child visitation, it is essential to consult with a New York child visitation lawyer. Your attorney will be able to advise you about your parental rights under New York law as well as your options for enforcing those rights.
LegalMatch offers a free and convenient lawyer matching service that can match you with child visitation lawyers near you who are prescreened, licensed, and available to help. Simply submit your New York visitation concern on the website, and in around a business day, you will start receiving responses from attorneys in your area.
