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You can only stop visitation rights if a judge enters a court order to do so. Generally, this order must come from the same court that made the initial order for custody and visitation. It is important not to simply refuse allowing the non-custodial parent to see the child.
When Visitation Rights are Denied A custodial parent who denies the noncustodial parent his or her visitation rights may be held in contempt of court, and be fined and/or jailed.
A parent's visitation rights may be denied or suspended if a judge determines visitation with the parent is not in the child's best interest. Examples of circumstances that often result in a temporary or permanent denial of visitation rights include: Physical harm or domestic violence. Sexual abuse.
Is it Ever Legal to Deny a Parent Child Visitation? It is almost never legal to deny visitation without a valid court order. For instance, if the non-custodial parent is late on child support, then visitations must continue anyway unless the court says otherwise.
Write a detailed history about your marital relationship, which should include dates and facts that support your case. Do not forget to pick the pictures, videos and other visual aids that you will present before the court as evidence.
Either parent may file a petition with the court to modify or suspend visitation rights based on a variety of circumstances. In most cases, the court requires that the party demonstrate a substantial change in circumstances that justifies modifying or suspending visitation.
A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.
Some states take failure to comply with a visitation order so seriously that there could be a change of custody, meaning that if the custodial parent consistently refuses to allow the other parent any time with the children, a court may decide to transfer custody of the kids to the non-custodial parent.
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.