Can a Custodial Parent Deny Visitation to the Non-Custodial Parent?
In Oklahoma, the majority of child custody and visitation arrangements are made without a court order. Typically, a court will award primary custody to one parent and the other parent will have visitation rights. Parents usually decide on an appropriate visitation schedule and this may change over time, depending on the circumstances.
With a custody arrangement, however, both parents are required to respect the terms of the agreement and cannot deny child visitation to the non-custodial parent without an order from the court. If you need to deny child visitation rights to one parent, we recommend you contact an experienced attorney first to avoid any legal ramifications. They can help advise you on whether you can illegally deny child visitation and help schedule a court date to limit or deny visitation.
At Cannon & Associates, we provide Fierce Advocacy for all families dealing with child custody and visitation matters. Our lawyers know that child visitation issues can be complex and, in some cases, visitation with the non-custodial parent is not in the best interests of the child. We want to help ensure that your child’s life is safe and protect their best interests.
Our law firm has been helping Oklahoman citizens with family law matters for over 30 years, and we have the experience and skills necessary to get a positive outcome in your case.
Call our law office today at 405-591-3935 to schedule a free consultation with a family law attorney.
Reasons to Deny Child Visitation
In most cases, the court believes that a joint custody arrangement is in the best interests of the child. Having access to both parents can be beneficial to children’s development, provided that the child is safe with both parents. In some instances, however, a parent may want to deny child visitation to the other parent as it is not in their best interests. Depending on the circumstances, a Judge may also decide that denying child visitation to one parent is better for the child.
Some circumstances may include:
- The parent suffers from alcohol or drug abuse
- The parent engages in emotional abuse or physical abuse with the child
- The parent has previously kidnapped or abducted the child
- The parent engages in behavior that is harmful to the child
- The parent is currently incarcerated
Can a Parent Deny Visitation in Oklahoma?
In almost all situations, it is illegal for a parent to deny visitation to a child without a court order. If you believe the child is in immediate danger, denying visitation may be permitted, but only with sufficient evidence to prove so. This evidence must be brought to a court to prove that the non-custodial parent should be denied visitation. If the court believes that this is in the child’s best interests, they may suspend the visitation rights.
In some situations, a custodial parent may want to deny visitation for reasons such as:
- The other parent is not paying child support on time
- The noncustodial parent has a new partner and the custodial parent does not want them to be around the child
- The child does not want to spend time with the other parent
However, if you deny the other parent child visitation, you can be held in contempt of court and face other consequences. It is important to remember that joint-custody arrangements are usually court orders, and both parents have a right to visitation under the law. If you deny the other parent visitation rights without a court order, you will violate the law.
What Happens if I Illegally Deny Visitation Rights?
When a child custody arrangement is made, both parents are required to adhere to this arrangement. If the custodial parent refuses to grant access to the child without a valid court order, there can be serious consequences. Some consequences can include:
- Modification of the child custody order in place, making you lose custody of the child
- Suspension or limitation of child support or spousal support payments
- Being found in contempt of court, which can result in fines and further consequences
In some cases, a custodial parent may refuse access to the child if the noncustodial parent does not pay child support on time. However, refusing access to a child because of child support payments is strictly forbidden under the law. Child support and child custody are separate issues, and a Judge could impose sanctions or revoke custodial rights if you deny child visitation on this basis.
It is important to contact an attorney if you believe that refusing the other parent visitation with the child is in the child’s best interests. They can try to get a new visitation order granted on your behalf, such as supervised visitation, or can try to get their visitation rights revoked through a court order.
Denial of Visitation by a Court
To deny child visitation to the non-custodial parent, you will need to take your case to a family law court in Oklahoma. We do not guarantee that the court will approve your request, however, if you have sufficient evidence to prove that denying visitation is in the child’s best interests, the court will be more likely to approve your request. Generally, the court will deny child visitation or implement supervised visitation in the following cases:
- If the other parent has molested the child
- If the noncustodial parent might kidnap or abduct the child
- If the noncustodial parent will use illegal drugs in the child’s presence
- If the noncustodial parent has an alcohol abuse problem and is likely to drink alcohol while caring for the child
Outside of these limited situations, it is difficult to deny visitation rights to the noncustodial parent. The Judge will consider the best interests of the child, whether there have been instances of domestic violence, whether there is substance abuse, and whether the child is at risk. An experienced attorney can help you get a custody order modified or visitation rights revoked by building a convincing argument on your behalf, using evidence and reports.
Can a Custodial Parent Deny Visitation to The Noncustodial Parent in Oklahoma?
In child custody arrangements, both parents sometimes have different ideas about what is best for the child. You may have different views on religion, school, how they should spend their time, and what is in their best interests. However, a custodial parent cannot legally deny visitation to the non-custodial parent without a valid court order. If you believe your child is in immediate danger, seek legal advice as soon as possible.
At Cannon & Associates, we have been helping Oklahoman citizens with family law issues for over 30 years. Our team of attorneys has significant experience in custody and visitation matters, and we understand the complexities of local family law. We can help you get a visitation order modified or petition the court to remove child visitation rights from the non-custodial parent.
When dealing with difficult family law issues, it is important to have an experienced and highly educated attorney by your side. Attorney and Founder, John Cannon, has an AVVO rating of 10.0 and has been rated on the Super Lawyers rating service. When you hire us as your representatives, you know you are dealing with the best.
Call us today to schedule a free consultation at 405-591-3935.
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