While the courts agree that both parents should have visitation rights, they can deny visitation if the child might be in danger. This usually happens if the non-custodial parent, for instance, is likely to abuse, molest, or kidnap the child. Denial of visitation is also possible if the parent is likely to use illegal drugs while taking care of the kid.
Denying the other parent rights to visitation without the court’s approval is illegal and can result in legal consequences. If there is no order denying visitation, the parent who denies visitation might lose their legal rights or even custody of the child. Family law attorneys in Denver, CO note that if one parent thinks that the other parent doesn’t deserve visitation, they need to go to the court and ask for a modification.
Lose the Rights
Non-custodial parents may lose the visitation rights they had before if they don’t pay child support, abuse alcohol and drugs, molest the child, or if the child wishes to not be with the parent. If the custodial parent thinks that other parent might expose the child to emotional harm or bodily injury, they can notify appropriate authorities to deny visitation.
If the parent with primary custody doesn’t want the other party to be in contact with the child, they need to get the original custody order changed. For restricted visitation, the court may only allow this under supervision. This has specific conditions, which also includes the role of the supervisor. A batter prevention program is necessary to allow unsupervised visitation later on.
Repeated violations of visitation order can lead to suspension of visitation. This may also happen if the parent made threats to fly or go away with the child or if the child is extremely distressed because of visitation. The court may only approve denial, suspension, or restriction of visitation if it is in the best interest of the child.
For those who wish to modify visitation order or protect their child from the other parent, it is best to hire a family lawyer. This will help you know more about the child custody and visitation law and help protect your rights.