post

post cover

Family Law on Denial of Visitation Rights Explained

DivorceEnding a marriage in divorce undoubtedly produces a host of social and emotional problems. Depending on the decision of the family court, the parent who loses custody will have to go through an added emotional burden. They have to live without their child or children by their side.

While the law requires the courts to issue decisions primarily in the child’s best interests, the non-custodial parent can seek visitation rights. This will give you the opportunity to spend time with your child. However, there are certain standards you need to meet.

General Requirements for Visitation Rights

Generally, the courts will rule in favor of visitation rights if they think it is in the best interest of the child. Visitation rights are usually granted based on the following grounds:

  • You have faithfully observed your past visitation rights, if any
  • You have continuous contact with your child
  • You don’t have any history of domestic violence directed towards your child, your spouse, or your other children
  • You don’t have any history of alcohol or drug abuse
  • Your rights as a parent have not yet been terminated
Denial of Visitation Rights

You will not get visitation rights if the court deems that you have not complied with any of these requirements. Many family courts deny visitation rights if there’s reasonable belief that the child might be in danger of physical and emotional harm, or sexual violence.

However, even if the court grants you visitation rights, your partner might still deny you your rights. Some of the reasons custodial parents cite for denying visitations include failure to provide child support, fear of abduction, consideration for the child’s wishes, religious differences, and disapproval of the relationships of the other parent.

READ  How an Auto Accident Law Firm Can Get You Fair Compensation

Know that custodial parent-initiated denial of visitation rights is illegal.

What to Do When Visitation Rights are Denied by the Custodial Parent

If the custodial parent denies you your visitation rights, take time to talk to them about the reasons. Document these so-called violations. Talk to a family lawyer or child custody attorney who can give you insight on the most viable course of action. Never take matters into your own hands, as the Law Office of Doreene A. Kuffer says the court might as well rule in favor of the custodial parent.

Every parent has a right to see his or her child. If the law granted you time to be with your child, you have the legal right to have it enforced. Otherwise, you can ask the court to make the custodial parent lift the denial of your visitation rights.

Recent posts

  • teenager woman outdoorsLegal Rout…
    Parents are responsible for their child’s welfare until they […]
  • Personal I…
    Car injuries are not the only instances that will land you into […]
  • 3 Things t…
    Finding the lawyer you’ll be working with is one of the […]
  • Colorado a…
    When dealing with property division in a divorce case in […]
  • Essential …
    When deciding to have a divorce, one of the factors that can […]
  • Paralegal Job3 Facts Ab…
    Paralegals nowadays come in different forms. Many work as […]
  • Divorce in DenverOn Divorci…
    Any amount of narcissism in a marriage is unhealthy. It can […]
  • Birth Injury CasesThe Light …
    A birth injury will often result in physical and emotional […]
  • Medical MalpracticeSaying Sor…
    Whether people like or not, medical errors can happen. When they […]
  • Home Buying in TownsvilleBuying you…
    According to the latest realestate.com.au’s Consumer Intentions […]