When can you deny visitation to the non-custodial parent?
What is the meaning of Denial of visitation rights?
In case of a separation or a divorce, one parent is often given more custodial rights of a child than the other. Such a person is referred to as the custodial parent while the other is known as the noncustodial parent.
Although the custodial parent may have more access to the child, the noncustodial parent may also be given visitation rights.
The court can either allow the two parents to decide on the visitation schedule or it can give directions concerning the visitation hours or days. Child custody Attorneys Ontario play a big role in the judge’s decision.
Although it’s almost always a guarantee for the court to grant visitation rights to the noncustodial parent, it can also restrict or deny visitation because of various reasons.
One of the common reasons for such denial is if the court believes that the visitation can put the life of the child in danger.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds:
- If the parent has a history of molesting the child
- If the court believes that the parent can kidnap the child
- If the parent is likely to abuse drugs while taking care of the child.
There are also instances where a custodial parent can deny a noncustodial parent with child visitation rights without the court’s knowledge. This is illegal and can lead to serious consequences if the noncustodial parent raises the issue with the family court.
When can you deny visitation to the noncustodial parent?
There are various reasons why you can deny visitation rights to a noncustodial parent. They include the following:
- In case the noncustodial parent is not paying child support
- In case he or she is violent and abusive
- Due to drug or alcohol abuse
- Religious differences
- If the child chooses not to see the noncustodial parent (if old enough).
Is it possible to ask the court to deny child visitation?
Yes, it is possible to deny or restrict child visitation through the court. In fact, it is the best way rather than doing it without the court’s permission.
For example, if you know your ex-wife can harm your child or has a history of molesting him or her, then you can ask the court to deny her visitation rights. However, you need to look for experienced child custody lawyers for fathers to increase your chances of winning the case.
Can a parent lose custody if they deny or restrict another parent from seeing the child?
Yes, it is possible for a parent to lose custody of the child if the deny child visitation without the court’s permission.
For instance, if you deny your ex-husband the right to see his child without notifying the court, then the court has a right to take away the child custodial rights from you.
That’s why it is important to seek advice from child custody lawyers for single mothers before you do anything you are not sure of.
In a nutshell, there are various situations when you can deny visitation to a non-custodial parent. For instance when the parent has refused to pay child support, drug and alcohol abuse, history of molestation among others. However, you need an experienced family law attorney Ontario to prove your reasons to the court.