How to Deny Visitation

Denying visitation is a sticky proposition. Once a judge issues an order for visitation, disobeying it could land you in hot water. While you cannot deny visitation to your ex-spouse just because you feel like doing so or because you're angry, there are some situations in which it makes sense to do so. For example, if your ex-spouse shows up intoxicated and intending to drive your child, you’ll undoubtedly feel that a denial is in order.

Difficulty: Moderately Challenging

Instructions

Get Back up for Denying Visitation

1. Call the police if the visiting parent shows up drunk or otherwise intoxicated. Get on record why you are denying visitation. If your spouse takes you to court for contempt, he will be hard pressed to refute your police report.

2. Ask a doctor for a written explanation of the denial. If your child is too sick to be moved for visitation, have your doctor state this in writing, giving the other parent a copy and keeping one for yourself. This should generally be reserved for very serious illnesses, not the run-of-the-mill cold or stomach ache.

3. Enlist the help of Child Protective Services or a similar entity if your child has accused the other parent of abuse. You will have a better chance of fighting any contempt-of-court charges if a valid investigation is underway.

4. Go into court and request an emergency hearing if you have proof that your child is in some sort of danger. Sometimes, judges temporarily remove a parent’s visitation rights. However, the other parent will be given the opportunity to defend herself and regain visitation at some point.

5. Petition the court for a change in visitation if you need to alter the schedule for the long term. In some cases, a judge may modify the visitation schedule, relieving you of the need to deny time. However, you need a very good reason for doing this, and you should be prepared for the possibility of your petition being denied.

Tips & Warnings

• If you deny visitation just once or twice, you are unlikely to be punished by the family-court system. If you develop a pattern of doing so, you risk being jailed or fined. You could even have your own visitation/custody reduced or revoked by a judge.
• If you can prove that the other parent is a danger to the child, you may be able to get supervised visitations. However, it is best to seek the advice of a lawyer or counselor regarding your child's allegations of abuse.
• Never deny visitation because you have not received child support. Visitation and child support are two different things, and a judge is likely to see you as the culprit if you choose to go this route.

[thecloser]

on 6/3/2009 Is it fair for a teenaged child's punishment or discipline to include being denied visitation to see his/her parent while in the care of a foster care of a relative? Punishment/discipline is the only reason for the denial too. I need your advice please.