What does denial of visitation mean?
It is often true in cases of divorce or separation that either the mother or father has more custodial rights over a child than the other parent does. The parent with more rights and timeshare to the child is most often referred to as the custodial parent, while the one with fewer rights and less timeshare to the child is the noncustodial parent.
While the custodial parent has the most access to the child, the noncustodial parent is typically still given child visitation rights.
Typically, most parents can come to an agreement (NRS 125C.0649) about the visitation schedule and, in Las Vegas, this is usually accomplished through the Family Mediation Center. In such a case that they do not resolve the issue of timeshare and custody, the court can and will order them on which hours or days the visitation will take place. A child custody attorney can help to play a large part in that judge’s decision.
Although the court typically grants at least some visitation or custody to the noncustodial parent, in some situations, it’s also possible for the judge to either restrict or deny visitation for various reasons. A common reason for the denial of visitation is that it may endanger the child if visitation is granted.
To know more the nature about the agreement check NRS 125C.0651
A court may not allow visitation or restrict it because of the following:
If the parent has molested the child
If the court has reason to believe that kidnapping is possible
If the parent may abuse medication, alcohol, or illicit drugs while watching the child.
A custodial parent may sometimes deny a noncustodial parent visitation with the child without notifying the court in some instances. This is an illegal practice that should be brought to the court’s attention if the custodial parent engages in these practices without an emergency surrounding them.
When is it appropriate to deny visitation to noncustodial parents?
There are many reasons why you might deny rights to a noncustodial parent when it comes to visitation. They can include some of the following:
If the noncustodial parent is violent or abusing the child
If the noncustodial parent is abusing drugs or alcohol
If the child refuses to see the noncustodial parent and is old enough
If you are a noncustodial parent you want to know your right kindly read NRS 125C.020.
Can you request the court to deny visitation to a noncustodial parent?
Yes, it’s entirely possible to deny or limit visitation by using the court. It’s actually much better to ask the court rather than try to deny the visitation yourself, which could cause the court to issue sanctions, attorney’s fees and makeup time against you without the court’s permission.
As an example, if you know your ex-husband touches the child inappropriately or has some other issue that harms him, you can ask the court to suspend, diminish, or get rid of his visitation rights. With that, it’s important to look for the right attorney to support you through the legal battle and help aid in you winning the case.
Can you lose custody of the children if you do not allow your ex-spouse access to a child who has visitation rights?
Yes, it is absolutely possible to get in trouble or even lose custody of the child if you deny the right of the other parent to see the child.
As an example, if you do not allow your ex-husband the ability to have communication with or see his child when it is mandated by the court, it is possible that the court could hold you in contempt of court, court order make-up time, make you pay the other side’s attorney’s fees, or even modify custody to the other parent if this is an ongoing pattern with a parent.
To learn more about the modification of agreement relating to your custody know more at NRS 125C.0653
That’s why it’s important to understand the legality of your actions by contacting a child custody lawyer before you do anything.
It’s important to understand that there are a lot of circumstances where denying visitation is possible. There may be drugs involved or the other parent may have a strong history of hurting the other child. It’s important to find the right child custody attorney to bring the matter to court. Note that it is not allowed to withhold visitation in Las Vegas for failure to pay child support!
Valid Reasons for Denying Visitation
While courts generally aim to uphold visitation rights, there are situations where denial may be justified. It’s crucial to note that these reasons vary by jurisdiction, and legal advice should be sought for specific cases. Common grounds for denying visitation may include:
1. Risk of Harm to the Child
When the child’s best interest is in jeopardy due to concerns about physical harm, emotional harm, or an unfit parent, denying visitation to the noncustodial parent is a crucial step. If there is substantial evidence or a valid belief in potential harm, whether stemming from substance abuse, domestic violence, or neglect, it is necessary to prioritize the child’s safety. In such instances, supervised visitation or legal actions, such as obtaining a restraining order, may be warranted to ensure child protection. This decision aligns with the terms of the custody agreement and may be a result of a court decision based on legal grounds. Protecting the child from endangerment is paramount, even if it means violating the noncustodial parent’s visitation rights. Consequences, such as legal action and potential adjustments to child support payments, may follow, emphasizing the significance of prioritizing the child’s well-being in these circumstances.
2. Violating Court Orders
If the noncustodial parent consistently violates court-ordered visitation schedules or conditions, the custodial parent may have grounds to deny access. However, it’s essential to document such instances and seek legal advice before taking action. When determining when you can deny visitation to the noncustodial parent, it is crucial to remember that parental rights should only be revoked in extreme cases where the child’s well-being is at significant risk.
3. Child’s Express Wishes
In some cases, especially as children get older, their preferences may be taken into account by the court. If a child expresses a strong desire to avoid visitation with the noncustodial parent and the court deems it appropriate, this may be considered.
4. Temporary Health or Safety Concerns
Temporary health or safety concerns, such as a contagious illness or a natural disaster, may justify a temporary denial of visitation. However, communication with the noncustodial parent and seeking alternative arrangements is crucial. In cases of child endangerment, where there is imminent harm or risk to the child’s well-being, it may be necessary to deny visitation rights to the noncustodial parent indefinitely until proper safety measures are implemented.
5. Parental Alienation
If the custodial parent believes that the noncustodial parent is engaging in behaviors that attempt to turn the child against them, a phenomenon known as parental alienation, it could be grounds for revisiting visitation arrangements. If there are allegations or evidence of child abuse, it is crucial to prioritize the safety and well-being of the child above all else, and denying visitation may be necessary in order to protect the child from any potential harm. However, it is important to note that denying visitation should only be considered in extreme cases where there is clear evidence of a violation of the child’s well-being, such as abuse or neglect.
Consult with a Professional Family Law Attorney Today!
Explore your legal options with the experienced family law attorneys at Huggins Law Office today! Our knowledgeable team can provide valuable insights into when denying visitation to the noncustodial parent is legally justified. Beyond visitation matters, our expertise covers many family law issues, including adoption, guardianships, prenuptial agreements, child support, child custody, military family law, uncontested divorce, and contested divorce. Trust us to guide you through the complexities of family law, ensuring your rights and your family’s best interests are protected. Contact Huggins Law Office for personalized and professional legal assistance.
If you need help with a visitation issue in the state of Nevada, Huggins Law Office has the experience and aggressiveness you need to have this issue addressed properly before the court. Give us a call today at (702) 387-4014 for expert consultation in your case.