In addition, the custodial parent must also take particular steps before denying visitation, like getting a hold of the appropriate authorities. Even though the courts are slow to deny visitation overall, they’re more inclined to order supervised visitation when contact with a parent might jeopardize the child. Website Design, Hosting, Maintenance & SEO by WebTechs.Net. Alcohol/Substance Abuse If your ex has been intoxicated or abused drugs in front of your child, this may be grounds to stop their visitation rights. Under some circumstances, a court might deny visitation, but a custodial parent can't do so on her own. Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. Alaska is a state that will refuse visitation when a parent has a domestic violence record. However, in some circumstances this visitation may not be in the best interest of your child. The ex is behind on child support payments. Please contact Canterbury Law Group today to learn more about your personal legal needs. 'Immoral behavior' is often enough grounds to force supervised or otherwise limited visitation. As an example, in the state of Illinois, the statutes state that a parent has a right to acceptable visitation unless it can “endanger seriously” the child, either physically, mentally, morally, or emotionally. The appellate court in that state ruled in 1987 that even sexual abuse of the child wasn't grounds for denying visitation to a non-custodial parent because the court hadn't satisfactorily established that the abuse occurred. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. Canterbury Law Group 14300 N Northsight Blvd #129 Scottsdale, AZ 85260, Office: 480-240-0040 Toll Free: 1-800-272-4738. Alaska is one state that will deny visitation when a parent has a history of domestic violence. My response: Oh, please. When two parents are separated or divorced, the custodial parent occasionally prevents the non-custodial parent from employing his or her child visitation rights. 480-240-0040 or [email protected], Your email address will not be published. She specializes in family law and estate law and has mediated family custody issues. All Rights Reserved. The Appeals Chamber accordingly rejects Ntabakuze’s argument that the Trial Chamber relied on Ntabakuze’s role as a superior as an aggravating factor in sentencing. Results 1 to 4 of 4 It's up to the judge/state to determine what constitutes immorality, but I'm betting, if you agree to not access the internet while the child is in your home, and you make some other concessions as well, it won't be an issue. The California family law courts generally try to preserve parental rights, and in cases in which a parent is estranged from a child, they may order reunification services to help repair the parent-child relationship. We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. Even if the court arranges supervised visitation or is denied in your divorce decree, it doesn’t mean the circumstances will never change. You should always consult with an attorney for any legal situations.] This is especially true while your divorce is still ongoing and if one parent has moved out of the marital home – judges don’t like to upset a child’s present situation needlessly, so the parent who moves out might end up with visitation rights instead of joint custody until the divorce is finalized. I will conceed to your expertise on CA...however many judges, in many other states have ordered counseling and supervised visitation when internet porn is involved. Courts receiving a request to terminate the non-custodial parent's visitation rights generally require that you prove that your ex-spouse has exhibited behaviors that have harmed or might harm your child during a visit, such as using illegal drugs, drinking excessively or being abusive. Failure to pay child support is a common reason a parent may deny visitation with the other parent. Law for Families provides all the legal information that you and your family need. A lot of states will allow a parent who has been denied visitation to restore his rights through effective parental rehabilitation. Courts seldom deny visitation entirely, if at all, particularly in a provisional order while a divorce is still pending. Copyright © 2020 Canterbury Law Group. Call us today at 800-747-2780 for immediate help. Required fields are marked *, BANKRUPTCY LAW CRIMINAL DEFENSE FAMILY LAW REAL ESTATE LAW. Grounds - Father filed contempt against mother for denying visitation. California Court Discusses Grounds for Denying Reunification Services in Custody Cases By The Law Offices of Ethan M. Weisinger, Inc. In some states denying visitation is grounds for a change in custody.” [NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. Grounds to Deny a Father Visitation Rights, https://www.arizonalawgroup.com/arizona-family-law-statutes/ars-25-414-violation-of-visitation-and-parenting-time-rights/, https://info.legalzoom.com/grounds-denying-visitation-rights-26246.html, You’re a non-custodial parent and are not paying child support, Objection of other parent’s relationships, like a new mate. I don't need your "concessions". Hasselberg, Rock, Bell & Kuppler: Restricting Visitation, Legal Aid Network of Kentucky: Visitation – Common Questions, Alaska Court System Self-Help Center: FAQs for Parents – How Domestic Violence Can Impact Custody Decisions. Visitation might be denied after a trial during which custody is litigated as part of the divorce, but this would generally be the result of dire circumstances. You should call the police, however, so you have a record of the incident that you can later provide to the court when you express your concerns, either at a temporary hearing or as part of your divorce trial. Mother argued that Father had abused their daughter. Neither situation is grounds to refuse visitation.