Our opinions are our own. All legal content, insurance rates, products, and services are presented without warranty and guarantee. A parent with access is entitled to visit and be visited by their children, as well as be kept informed about all important issues concerning their children’s health, education and welfare. These include domestic violence toward the child, a sibling, or the child's mother. A good way to document a denial of visitation rights is to file a police report. However, visitation rights can also be illegally denied in more subtle ways. For more information about visitation rights, you should read your state-specific visitation and child custody laws, or you may speak with a qualified attorney. Some states consider an unmarried mother to have full, sole custody of a child, while other states consider two unmarried parents to have joint custody of a child. 0 0. However, the refusal can simply stem from the child's resistance to the change. Further, in cases where there is an emergency just before a scheduled visitation, such as when the child must be taken to the hospital, the noncustodial parent should be notified so that they may visit the child there. Visitation time can be arranged around the mom's late day at work or to give mom time to exercise. Most of the time, the bad acts of a non-custodial parent do not give a custodial parent a legal basis for denying the parent his or her visitation rights. However, there are some reasons why a mother may not want to offer visitation rights. However, there are some reasons why a mother may not want to offer visitation rights. A court's stance on visitation rights is that an ongoing relationship with both parents serves the best interests of the child. A court's stance on visitation rights is that an ongoing relationship with both parents serves the best interests of the child. A typical example of this scenario would be when a mother, who has full custody of her son, refuses to let the son get into his father’s car when his father comes to pick him up for his visitation period. In that case, a court will most likely offer a father some form of visitation, barring a father's potential dangerous past. Why is Angelina Jolie Asking for Sole Physical Custody? Also, the parent may reside in an unsafe location or situation (i.e. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. Instead, a mother should allow the courts to decide how to create a workable visitation schedule. In that same respect, a parent cannot refuse to pay child support just because he/she is not receiving adequate visitation rights. Another possible scenario is where the custodial parent has reason to believe that the non-custodial parent is drinking or using drugs during visitation periods. In general, most courts want to encourage the relationship between the child and each of his/her parents. A denial of visitation rights by the custodial parent to a non-custodial parent, absent a change in an existing court order for visitation rights, is illegal. A court may offer the following alternative visitation arrangements: If an unmarried mother decides to offer visitation rights to the father outside of the court, the parents should put the agreement in writing. When a noncustodial parent is repeatedly denied his or her rights to visit their child, it is important that the parent document each denial. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. Jeffrey Johnson from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. We strive to help you make confident insurance and legal decisions. 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. Initially, it may seem like a bad idea, but parents should consider how many occasions they have to spend time with each other such as birthdays, graduations, religious ceremonies, etc. in a questionable neighborhood or with dangerous individuals living in the home). Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. The legal phrase for this scenario is called frustration of child visitation rights, and in many states this can be cause to change the court-ordered child custody arrangement and hold the custodial parent in contempt of court. It is important to know however, that if a custodial parent makes unsubstantiated abuse allegations solely in an effort to deny the noncustodial parent his or her visitation rights, they could risk losing custody to the noncustodial parent.

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