The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. Whether it's the common cold, the chicken pox, or something else altogether, illness isn't considered a lawful reason to deny the visit. After considering the evidence presented in court, a judge may determine one of three outcomes: insufficient evidence to deny visitation, visitation should be limited/monitored, or visitation should be denied. Get the right guidance with an attorney by your side. The parent no longer has contact with the child 3. Neglect may be difficult to prove. A parent who believes a child is in danger or is being harmed during visitation should contact an attorney immediately. Debrina Washington is a New York-based family law attorney and writer, who runs her own virtual practice to assist single parents with legal issues. When the non-custodial parent becomes romantically involved with another person, the sting felt by the custodial parent is twofold: there's the hurt that comes with knowing the ex has moved on, and there's feelings of jealously and apprehension surrounding the significant other's relationship with the child. Economic reasons for child relocation are often cited in relocation petitions. If you have a visitation agreement, usually in the form of a court order for child support, child visitation or divorce, it’s important that both parents abide by the courts orders. What Are Valid Reasons to Deny Visitation. Addiction. These issues might even extend to others living in your household, such as if you move out of the marital home and take on a roommate who uses illegal drugs or has a history of violence. Child abuse is the number one reason that a parent loses custody of their children. However, the refusal can simply stem from the child's resistance to the change. Either parent may file a petition with the court to modify or suspend visitation rights based on a variety of circumstances. Examples of circumstances that often result in a temporary or permanent denial of visitation rights include: Circumstances that place the child in harm or could cause harm to the child may be considered sufficient grounds to deny parental visitation. This portion of the site is for informational purposes only. When Your Child Refuses Visitation. Thank you for subscribing to our newsletter! The parent has a history of alcohol or drug abuse3 5. If a court enters an order granting visitation rights to the other parent during a divorce proceeding or otherwise, the custodial parent is violating the order if he or she denies visitation with the child. If the child is hospitalized, the custodial parent is expected to inform the non-custodial parent so that the visit can take place at … Terms of Use and 3  For example, if you have reason to believe that your ex is physically or sexually abusing your children, it would be prudent not to send them. That doesn’t mean you won’t come up against a homophobic judge, even in those states. The reasons as to why your child is refusing visitation with your co-parent are unique to your situation, but some causes might include: Your child is unhappy with the rules they must follow at your co-parent's house; Your co-parent lives far away from their friends, school, activities, and other things they enjoy It may be that the child is just resisting the new circumstances. Privacy Policy. The court could sanction a parent who withholds visitation because the other parent is behind in child support payments. The child has a bad wound or broken limb. The parent has not exercised his or her visitation rights in the past 2. Custody laws require that judges consider the best interests of the child when ruling on custody and visitation matters. Certain other states have laws that forbid judges from using sexual orientation alone to deny custody or limit visitation. The general phrase sole custody can refer to sole physical custody, sole legal custody or both.. Acceptable Visitation Denial A parent who believes that their children are in imminent danger can refuse visitation. Most states now have laws that neither parent is the preferred parent after an uncontested divorce. Other situations might only result in supervised visitation. Unless otherwise ordered by the court, parents are considered fit to care for their child(ren) and make decisions regarding the day-to-day aspects of parenting while the child(ren) are in their care. The COVID-19 outbreak has affected every aspect of American life—from school, work, and travel to how we buy gr… This information sheet is also available in Spanish, Chinese, Korean, and Vietnamese. You attorney can advocate on your behalf in court if you have suspicions that your child … In that same respect, a parent cannot refuse to pay child support just because he/she is not receiving adequate visitation rights. LiveAbout uses cookies to provide you with a great user experience and for our. A Virginia court is only likely to deny all visitation from your ex-spouse if he's convicted of a serious crime, such as murder, manslaughter, attempted murder, felony assault or sexual assault against a child. Drug or alcohol dependency can cause a court to deny custody, as can threats or attempts to kidnap the child and remove him from the court's jurisdiction. The ex is behind on child support payments. It is also illegal to deny visitation for mundane reasons, such as the child being sick, a child being out of town, or because one parent has a problem with the new significant other. file a petition with the court to modify or suspend visitation rights. It's widely accepted that a child thrives when both parents take an active role in the child's life. Visitation rights aren't contingent upon timely child support payments, so even if the ex isn't current on the payments, he or she still has the right to see the child. On the other hand, if you have concerns about the safety or well-being of your child in the custody of the other parent, you may have a valid reason to question the wisdom of allowing your ex to have visitation. Do You Have to Be Divorced to Pay Child Support or Can You Be Legally Separated? The child is sick. In addition, the custodial parent must also take particular steps before denying visitation, like getting a hold of the appropriate authorities. 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