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 visitation rights.
Typically, most parents can come to an agreement 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.
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
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, 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.
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!
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.