What Are the Grounds for Denying Visitation Rights?

What are visitation rights?

Visitation rights refers to the legal right to spend time with a child. When ruling on a divorce settlement where a child is involved, the court may grant shared legal custody or sole child custody to one of the parents, known as the custodial parent. The noncustodial parent—that is, the parent without sole physical custody—is often granted the right to see and visit the child.

Visitation rights and parenting time are based on the fact of parenthood, so they are automatically granted to the parent unless expressly prohibited. The court will ultimately decide the visitation schedule and any requirements for supervision as necessary, based on what the judge determines to be in the child’s best interest.

You may also ask for visits with supervision by a neutral third party. With supervised visitation, the child is permitted to continue a relationship with the parent, but the parent's contact with the child is monitored so the child is not harmed or placed in a situation in which harm might occur.

When can you deny visitation to the noncustodial parent?

Only a judge can determine whether to legally deny or suspend visitation rights of the noncustodial parent. The court would need to review any documented evidence of issues that could cause safety concerns or harm to the child’s well-being. 

There are a few common circumstances that often result in a temporary or permanent denial of visitation rights:

• Physical abuse or domestic violence
• Sexual abuse
• Parental neglect or emotional abuse
• Child abduction or fear of abduction
• Substance abuse, especially abuse of illegal substances
• Incarceration of a parent
• Dangerous or hazardous living conditions
• Exposing children to dangerous situations or individuals
• Refusal to coparent or intentional interference that would cause of harm to the child's relationship with the other parent
• Allowing the child to miss school excessively during visits
• Violation of prior court orders

Reasons to modify visitation

There are some circumstances where it’s best to modify or restrict visitation rather than deny it altogether. This would require filing a petition with the court, who would decide how to modify the arrangement according to the best interests of the child.

In many states, you will need a strong case to modify custody and visitation arrangements. For instance, to change custody arrangements in Ohio, you will need to provide evidence of a “substantial change” in the life of the child or either parent, and the process can take 9–12 months.

The custody agreement or visitation schedule might be revisited in a number of circumstances, including if:

• One of the parents remarries
• One parent moves out of state
• There is evidence of an unsafe environment
• There is evidence of abuse or neglect
• One parent has been convicted of a crime
• There is a substantial change in the child’s health or care needs
• One parent relinquishes rights
• The child expresses a reasonable request for a change

Illegal reasons for denying visitation

The custodial parent may withhold or deny visitation for many reasons that might not be considered valid in the eyes of the court. This would amount to a refusal to comply with court orders, and the noncustodial parent could take legal action against the other parent.

Some of the most illegal reasons for denying visitation boil down to personal disagreements between the parents, or the custodial parent disagreeing with the court.

Failure to pay child support

Visitation is entirely separate from obligations to pay child support. There are legal avenues to remedy nonpayment of child support that don’t involve refusing to comply with visitation orders. In fact, the court could sanction a parent who withholds visitation because the other parent is behind in child support payments.

Personal conflicts

A custodial parent cannot deny visitation based on personal conflicts that do not directly affect the child’s best interest or safety. If the custodial parent believes that the child may be at risk, they’ll need to petition the court for a modification to visitation rights and get a legally-binding court order.

Disapproval of lifestyle choices

Differences in parenting styles, life choices, or new relationships are not legal grounds for denying visitation. Again, if any lifestyle choices put the child’s health, safety, or best interest at risk, the custodial parent will need to petition the court to request a legal modification to visitation rights.

What are the consequences of unauthorized denial of visitation?

A custodial parent who denies visitation without court approval could face serious penalties and fees if the noncustodial parent chooses to take legal action. Most commonly, the noncustodial parent may choose to file a motion in court to accuse the other parent of being in contempt of the court order.

While divorce can be a tense and emotionally charged situation, it’s always best to comply with the custody agreement and follow legal procedures for requesting a change if you believe it’s warranted. If the custodial parent wants to deny visitation, they should work with an attorney or local authorities instead of attempting to handle the matter alone.

Potential legal repercussions for denying visitation include:

• Being held in contempt of court. Failure to comply with court ordered visitation can put the custodial parent at risk of being held in contempt, which could result in legal penalties like fines or even jail time. 
• Modification of child custody. The custodial parent could lose custody or have their original custody rights modified.
• Legal fees. The custodial parent could be forced to pay any legal expenses incurred by the noncustodial parent during the process of filing a court order.

How to modify a custody agreement

Either parent may file a petition with the court to modify or suspend visitation rights based on a variety of circumstances. The court ultimately decides whether the modification is justified.

1. Consult a professional. Seek advice from a family law attorney and, if both parents have agreed to work together, discuss the possibility of family court mediation. Mediation involves trained professionals who can help parents create a parenting plan that best fits the child’s needs.
2. File a petition with the court. Submit a formal request to the court to modify the existing arrangement. Consult a family law attorney to see what custody agreement options are available in your state.
3. Provide substantial evidence. In most cases, the court requires that the party demonstrate a substantial change in circumstances that justifies modifying or suspending visitation. This includes submitting any documentation, testimony, or witness statements to support the claims in the petition.

What to do in a child safety emergency

If you believe your child is in immediate danger, contact law enforcement or child protective services, who can help you take protective measures such as filing a temporary restraining order. You should then contact a family law attorney who can advise you on how to file an emergency order to take immediate temporary actions, which can be extended later to formally change the custody arrangement.

FAQs 

Can you go to jail for denying visitation?

A custodial parent who denies visitation could be found in contempt of court, which may result in jail time depending on your state’s contempt laws. In California, being found in contempt could result in being forced to pay a $1,000 fine, or up to five days imprisonment, or both.

Can I deny visitation if my child doesn’t want to go?

No, unless the court has approved denial or suspension of visitation. But if your child is unwilling to cooperate, you should notify the other parent and document your child’s refusal and your attempts to get them to cooperate.

The important thing is to communicate with your child to figure out why they don’t want to comply with the scheduled visits, for which you might want the help of a therapist or counselor. There might be valid concerns for the child’s safety that they’re uncomfortable sharing with you or unable to articulate. You could then file a request with the court to modify the custody order if necessary.

Can supervised visitation be ordered?

Yes, the court can mandate that noncustodial parent visits with the child be supervised. The judge will appoint a neutral third person or provider to supervise the parenting time.

Supervision is typically granted in cases of concerns due to abuse, mental illness, or drug or alcohol use. It can also be granted if the parent wants to establish or reestablish a relationship with the child after a period of prolonged separation.

What can I do if I’m being denied visitation? 

You can file a contempt of court to enforce your parental rights. You’ll need to provide evidence that the other parent is willfully disobeying the court order, meaning that they are aware of the custodial agreement, including your rights to parenting time with your child, and are choosing not to comply.

Before exercising your legal options, you might first want to try coming to an agreement with the other parent, perhaps with the help of a mediator.