A dispute over child custody is not rare in a divorce settlement. The part of the dispute can be one parent not only believing they have physical and legal control. However, the other parent must be more fit to get visitation rights. There are some situations when visitation is agreed on in the settlement. There are some points where, after divorce, the parent with custody asks when they can deny visitation to the non-custodial parent. When you deny visitation to a non-custodial parent, it is hard to do it legally. The court assumes the child’s interests depend on getting a relationship with both parents. However, there are some circumstances where denying visitation rights will be considered. By learning these reasons, you must know when can you deny visitation to the non custodial parent.
Domestic abuse
When the abuse is physical violence, the non-custodial parent has more to think about compared to the visitation rights. They may face criminal charges, which you can prove through pictures of bruises and hospital visits. Abuse is more than physical where. It can include emotional and verbal abuse. It will go grayer in the place where they hit you, which becomes strong proof. Courts will step in when they see any dispute about the parenting process. But when you can show abuse through testimony from people who are close to you and your ex, you can make a case.
Abuse problem
The substance in question may be the legal one, where the problem is alcohol. Thinking the custodial parent may feel like their spouse is drinking was the cause of why the marriage is not working, and the kids must not be affected by it. Courts must think about the importance of the safety of the children. It is shown that if a non-custodial parent shows a safety risk to the child, it might be rejected. Visitation grounds include children getting into a car with the non-custodial parent. When drinking or other chemicals are the main problem, then the children may be supposed to be unsafe.
Irresponsible parent
It is common for parents to disagree on problems like bedtimes, schoolwork, and gadgets. Being the lax parent here is not letting someone be marked as irresponsible. But when the non-custodial parent cannot be counted on to get the children to school, the meals lack nourishment, or they have a low grade. These are the problems that will go beyond with different approaches. It will not mean a non-custodial parent cannot eat ice cream and pizza with their kids or stay up later to watch a movie. It means the pattern of behavior compromising the children’s education and health to be at risk, a red flag.
Showing a court that your ex or spouse doesn’t have visitation rights is no small legal problem. But it is best to fight, thinking your child’s best interests are at stake. You can think about getting some custody or parenting time order where a family attorney can help you. They will know when it is the right time to file or how to defend yourself with your rights before a judge.