Drug or alcohol dependency can cause a court to deny custody, as can threats or attempts to kidnap the child and remove him from the court's jurisdiction. If there is a court order for parental visitation, you better abide by it. There's no bedroom for the child at the ex's house. Our network attorneys have an average customer rating of 4.8 out of 5 stars. Neglect may be difficult to prove. If parents present a united front, it may be fairly easy for a child to understand and appreciate the benefits of having two homes. A Virginia court is only likely to deny all visitation from your ex-spouse if he's convicted of a serious crime, such as murder, manslaughter, attempted murder, felony assault or sexual assault against a child. Most states have enacted laws or have specific case law that lists the factors used in determining the best interest of the child. Get the right guidance with an attorney by your side. What are valid reasons, to the court, for denying visitation? Unless otherwise ordered by the court, parents are considered fit to care for their child(ren) and make decisions regarding the day-to-day aspects of parenting while the child(ren) are in their care. Acceptable Visitation Denial A parent who believes that their children are in imminent danger can refuse visitation. What Are Valid Reasons to Deny Visitation. However, the refusal can simply stem from the child's resistance to the change. The child may say that they prefer to not visit the non-custodial parent. If the child is in the hospital, you have a duty to notify the other parent so they can visit their child. The reasons as to why your child is refusing visitation with your co-parent are unique to your situation, but some causes might include: Your child is unhappy with the rules they must follow at your co-parent's house; Your co-parent lives far away from their friends, school, activities, and other things they enjoy This leaves them wondering about the reasons for their resistance and what they can do about it. 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. Unless a child is subjected to abuse, violence, or other situations of imminent danger while in the care of a non-custodial parent, it can be assumed that he or she has the right to visitation. If the child is hospitalized, the custodial parent is expected to inform the non-custodial parent so that the visit can take place at the hospital. In some jurisdictions, a custodial parent may deny visitation if visitation with the non-custodial parent would risk exposing the child to direct bodily injury or emotional abuse. In the cases of child custody and visitation, when one parent becomes emotionally charged, they often make rash decision that could harm them and their time with the children down the line. Certain other states have laws that forbid judges from using sexual orientation alone to deny custody or limit visitation. If the child is in immediate harm, the parent can contact the police. Allowing children to miss school excessively during visitations; Exposing children to dangerous situations or individuals; Violation of prior court orders; Circumstances that place the child in harm or could cause harm to the child may be considered sufficient grounds to deny parental visitation. Even in cases where there is an emergency, the other parent can be contacted so that they can visit the child even throughout this time. There's resentment toward the ex's significant other. Sexual behavior. Child abuse is the number one reason that a parent loses custody of their children. When the non-custodial parent becomes romantically involved with another person, the sting felt by the custodial parent is twofold: there's the hurt that comes with knowing the ex has moved on, and there's feelings of jealously and apprehension surrounding the significant other's relationship with the child. Separated parents can react in an angry moment and utilize the only leverage they might have over another parent: the child. Whether it's the common cold, the chicken pox, or something else altogether, illness isn't considered a lawful reason to deny the visit. Can Casual Sex Turn Into a Serious Relationship. Either parent may present evidence to the court asserting that it's not in the child's best interest for a parent to have visitation rights. Drug or alcohol dependency can cause a court to deny custody, as can threats or attempts to kidnap the child and remove him from the court's jurisdiction. Some of the reasons why a parent's visitation rights may be denied by the courts include: 1. We are not a law firm, or a substitute for an attorney or law firm. Visitation rights are taken seriously by courts, as it is generally felt that it is in the best interest of the child to spend time with both parents. If you believe visitation with your child's other parent is harmful to your child, you can work with the court to protect your child. If you have rain to believe thr children are in danger while visiting the noncustodial parent, you should present your concerns to the courts. If a court enters an order granting visitation rights to the other parent during a divorce proceeding or otherwise, the custodial parent is violating the order if he or she denies visitation with the child. It’s a common situation that one parent develops ill feelings toward the other following a divorce or breakup, but that is not a reason to deny visitation. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. Not only is this not in the best interest of the child, it's also illegal. The content is not legal advice. The court can deny or restrict visitation if for example, the … If the child is hospitalized, the custodial parent is expected to inform the non-custodial parent so that the visit can take place at … Because the court finds evidence of domestic violence that was directed toward the child, the child's parent, or a sibling2 4. It is a logical approach since a family’s economic situation clearly affects the child’s well-being. However, most states also allow judges to consider other relevant information that is necessary to determine the child's best interest. There are exceptions, but most judges begin custody and visitation hearings with this presumption. However, child support and child visitation are two separate matters. Custody Relocation Reasons And Intent: Ultimate Question “What Is in the Child’s Best Interest?” Relocation is a legal issue the custodial parent (although it does apply to non-custodial parents) often present Ciyou & Dixon, P.C. It's widely accepted that a child thrives when both parents take an active role in the child's life. These issues might even extend to others living in your household, such as if you move out of the marital home and take on a roommate who uses illegal drugs or has a history of violence. If you believe your child is in imminent danger, consider contacting your local law enforcement agency for immediate assistance. 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