Having to deal and navigate child custody after a divorce or separation can be challenging. Even if you have ill feelings against your ex, children tend to thrive when both of their parents are active in their lives. There are exceptions, of course, especially when either parent provides evidence to the court that proves that it's not in the child's best interest for one parent to have visitation rights. After a judge assesses the evidence in court, the result can either be one of the following: insufficient evidence to deny visitation, visitation should be limited, or visitation should be denied altogether.
When a custodial parent can deny visitation
In the event that you get child custody, you would be violating the order should you deny your ex visitation with your child. You may be tempted to deny them visitation especially if they fail to pay child support, but you should keep in mind that child support and child visitation are separate matters. You may get sanctioned by the court for withholding visitation just because your ex is behind in child support payments.
But in situations where you feel like your child is in danger or is being harmed during visitation, you should contact the police and a custody attorney immediately. There may be an emergency hearing where the judge will hear evidence and suspend visitation until the matter has been investigated.
Reasons why visitation rights may be suspended or amended
Either parent is allowed to file a petition to alter or suspend visitation right based on a variety of reasons. When this happens, the court will ask the party to prove a substantial change in circumstances that justifies modifying or suspending visitation.
Ultimately, a parent's visitation rights may be denied if the judge deems that visitation with the parent is not in the child's best interest. Grounds for denial of visitation rights include:
A parent's visitation rights may be denied or suspended if a judge determines visitation with the parent is not in the child's best interest. Examples of circumstances that often result in a temporary or permanent denial of visitation rights include:
● Physical harm or domestic violence
● Sexual abuse
● Child abduction
● Substance abuse
● Incarceration of a parent
● Neglect and emotional abuse
● Dangerous and hazardous living conditions
● Refusal to co-parent or intentional interference that severs the child's relationship with the other parent
● Letting children miss school excessively during visitations
● Exposing children to dangerous situations or individuals
● Violation of prior court orders
As you might notice, these circumstances are when the child could be in harm. However, there may be cases where a judge grants supervised visitation. With supervised visitation, the child is still allowed to maintain a relationship with the parent, but the parent's contact with the child is monitored to avoid situations where harm might occur.
If you have reason to believe that visitation with your child's other parent is harmful to your child, the best course of action is to work with the court to protect your child. Get in touch with a custody attorney right away for assistance. Our professional legal team in Nevada can help you get through this tough time with ease.
Notice: Empower Legal Solutions are not attorneys and therefore cannot offer any legal advice.
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