Supervised Visitation. 480-240-0040 or [email protected], Your email address will not be published. A parent's visitation rights may be denied or suspended if a judge determines visitation with the parent is not in the child's best interest. The trial court denied all visitation to father after concluding that visitation was not in the best interest of the children. In Respess v. Respess, 754 SE2d 691 (2014), father had pled guilty to multiple felony counts of indecent liberties with his oldest child, had engaged in inappropriate sexual  conduct with his other children, and had ignored earlier visitation restrictions. The content is not legal advice. The School of Government at the University of North Carolina at Chapel Hill. What Is Surrogacy, and What Does It Actually Involve. The fact that the other parent doesn't have a separate bedroom for the child is a frequent reason why parents choose to refuse visitation. A parent who believes a child is in danger or is being harmed during visitation should contact an attorney immediately. © LegalZoom.com, Inc. All rights reserved. A parent should not act on a child's initial impulse; instead, the parents should communicate about possible causes of the child's refusal to visit. If you have reason to withhold the child because you feel as if they are in danger, then it is a good idea to act and assert your rights. Such limited access certainly doesn’t sound like the type of ‘equitable’ sharing of parenting rights and responsibilities encouraged by the new legislation. In What Circumstances Does Supervised Visitation Apply to a Case? This is why the court makes it rare for a custodial parent to deny visitation by the non-custodial parent, because it could affect a child negatively. in Child visitation, Children, Parental rights, Reasonable Visitation, Visitation Rights. proudly serving all orange countyCall for free consultation In lieu of asking the judge to deny a father visitation rights, consider requesting that the court supervise the father's visits. Privacy Policy but not by the attorney-client privilege or as work product. It is important for the court to make these decisions and help you work through the process, as every child and parent have rights. 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. This may include anger management classes, drug or alcohol abuse therapy, or other intervention plans. The court sees that it is in the best interest of the child to have both parents in the child’s life. However, child support and child visitation are two separate matters. 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. Can I Attempt to Appeal My Child Custody Order After the Fact? If your ex has a scheduled visitation with the child and you deny this time for no reason, you could be engaging in ‘frustration of child visitation rights,’ which could lead to contempt of court. You could be held in contempt of court if you refuse visitation without a court order. Kids Need Both Parents When Possible. If the non-custodial parent is not keeping up with child support payments, you may wonder if this is the right time to start denying visitation. Call today for an initial consultation! However, the court of appeals has made it clear that a parent cannot be restricted to supervised visitation unless the court makes the findings required by GS 50-13.5(i), meaning supervised visitation is not ‘reasonable’ visitation as a matter of law. The court of appeals rejected his argument and held that the trial court did not abuse its discretion when it determined that this custodial arrangement was in the best interest of the child. All Rights Reserved. The scope of this article is not to stipulate what a good or bad father is.

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