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A person can sue for almost any reason. Whether or not it is a justifiable case is usually the question. Was there emotional and/or physical injury to the plaintiff? Was there any monetary loss? What purpose if any would litigation serve. Lawsuits are not, as a rule timely, inexpensive or even the solution to the problem(s). A counselor/mediator however, might be more helpful.

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8y ago
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12y ago

First of all, denial of court ordered visitation is crime. You can be held in contempt of court and punished for violating the court order.

There is an exception.

If you believe that surrendering your child to the non-custodial parent will put the child in harm's way, you may justified.

For example, you meet your ex-spouse at McDonalds for the exchange and realize that he/she is considerably drunk. You smell alcohol on his/her breath, and they are acting very intoxicated. That person must drive home, with the child. You are justified in denying the visitation in order to keep the child from having to ride in the car with the suspected drinker. In a way, you are protecting the child from harm.

In any other case, I would recommend that you do not deny visitation. You may end up having visitors come to you: in jail.

Added Answer from a non-custodial parent:

What has been stated above is true from a stated *fact of law*. However case law trumps: currently judges and lawyers are reluctant to discuss, let alone rule on visitation. They would rather prefer to focus on the easily defined tangible monetary aspects, such as support, rather than the harder to prove visitation denial. Bottom line - for now if a custodial parent doesn't want the non-custodial parent to see the kids, there is nothing that can be done *from a practical standpoint*. A practical standpoint is that one must spend many years, massive amounts in lawyers fees, massive evidence gathering (you may be asked to wear a "wire", have a witness, etc: worthless), and *many* visits* to court and *maybe* you might get an order from the judge which will likely be ignored by the custodial parent and then you are back where you started from. By that time the children have aged out (over 18) and you have spent all your money on lawyers. Currently (2011) there are very few, if any, judges who will put custodial parents in jail for contempt. Most judges have no problems putting non-custodial parents in jail for just about anything. So the there is no fear on custodial parents and their lawyers of any sanctions for failure to comply with ordered visitation.

Source: Personal experience and discussions with many lawyers and case research.

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12y ago

Merely because the non-custodial parent is unable to attend the court ordered visitation, it does not mean that he or she will automatically loose his or her visitation rights. If the non-custodial parent is unable to attend the court ordered visitation, the non-custodial parent can request the court to change the visitation hours to suit his or her schedule. However if the non-custodial parent fails to make an application for changes to the visitation hours, the custodial parent may apply to the court for sole custody.

Legal Disclaimer:

The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.

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16y ago

apparently-yes--I haven't been able to see my boy's in years--I pay the support owed and am a professional nurse mom

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Q: Can the custodial parent deny visitation to the non custodial parent in Florida?
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Custodial parent denies Noncustodial parent visitation rights in Mississippi?

Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.


What age can child opt out of visitation in state of Idaho?

18. Until then, if the parent has court-ordered visitation, it has to be followed. If there is a legitimate reason the child does not want to visit the parent, the custodial parent can petition the court to revise the visitation order. Be aware the court will not deny a parent the right to visitation without a very goodreason.


How can you deny joint custody to an abusive parent?

YOU cannot deny any custody or visitation. Only the court can make an enforceable decision regarding these matters. State laws vary. If physical abuse is the case, the custodial parent will need a record of the abuse and should call the police, take pictures to record the effects, and try to have dis-interested witnesses present at the time of any contact between the parents. If there is no abuse to the children, or no abuse in the presence of the children, it is unlikely to make any change in the court decision for joint custody. It may compel the court to make some order for supervised exchange of the children for visitation. Only the court can make any decision, especially regarding custody. If the non-custodial parent is abusive to the children it may be very good grounds for a sole custody arrangement. It may also encourage the court to provide for supervised visitation. Visitation is a different issue than custody. Visitation is the means for the non-custodial parent to have a relationship with the children and build that relationship. A court generally regards this as semi-sacred. A custodial parent should NOT deny visitation. If it is necessary to curtail visitation for the real safety of the children, the custodial parent should immediately file a request for a change of visitation. Otherwise, a court may frown on a parent who denies visitation. In some states, continual denial of visitation can be grounds for a change of custody.


Can a mother deny visitation if the father is paying child support?

Whether or not a parent is paying child support is irrelevant when the issue is visitation rights. If there is a court order for visitation the primary custodial parent must allow it or be found in contempt of court. If there is not a court order in place the custodial parent can make the decision to when, where or if visitation is allowed. Visitation guidelines are usually established during the custodial proceedings.


Can you keep the father of your child from having visitation rights and still collect child support?

Child support and visitation are two separate issues. The custodial parent can file a suit for child support but cannot deny the non custodial parent custodial or vistation rights is said parent wants those rights. That being said, the non custodial parent can file for custody or visitation regardless of whether the child support issue is addressed or not. Such matters are decided by the court if the parents cannot find an equitable solution.

Related questions

Can the custodial parent deny visitation to the non custodial parent in Washington?

No. The non-custodial parent needs to have the visitation rights enforced by the court if necessary.


Custodial parent denies Noncustodial parent visitation rights in Mississippi?

Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.


Can a custodial parent deny the visitation rights to non-custodial parent in mobile Alabama?

If the court has awarded you visitation rights, then you have those rights legally and they cannot be denied by the custodial parent.


Can a custodial parent in North Carolina deny visitation with the noncustodial parent because the noncustodial parent moved out of state for work?

Only the court has the power to deny visitation rights.


Can the custodial parent deny visitation to the non custodial parent that is behind on child support payments?

No - indeed, some jurisdictions will prosecute for this.


Can A custodial parent deny visitation to the non custodial parent in New York?

Unless there is a court order which prevents the non-custodial parent from having access to the child, then you should not deny the visitation unless you have absolute proof that allowing visitation is a danger to your child. It's best to speak to a lawyer and find out about modifying any current custodial order that may already be in place if necessary.


Can the custodial parent deny visitation to the non-custodial parent if no visitation order is in effect?

Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.


Can a custodial parent deny a child that has turned 18 visitation to a non custodial parent?

No. The child is now eighteen and he or she can make their own decision although that may cause trouble if the child still lives with the "custodial" parent.


What age can child opt out of visitation in state of Idaho?

18. Until then, if the parent has court-ordered visitation, it has to be followed. If there is a legitimate reason the child does not want to visit the parent, the custodial parent can petition the court to revise the visitation order. Be aware the court will not deny a parent the right to visitation without a very goodreason.


How can you deny joint custody to an abusive parent?

YOU cannot deny any custody or visitation. Only the court can make an enforceable decision regarding these matters. State laws vary. If physical abuse is the case, the custodial parent will need a record of the abuse and should call the police, take pictures to record the effects, and try to have dis-interested witnesses present at the time of any contact between the parents. If there is no abuse to the children, or no abuse in the presence of the children, it is unlikely to make any change in the court decision for joint custody. It may compel the court to make some order for supervised exchange of the children for visitation. Only the court can make any decision, especially regarding custody. If the non-custodial parent is abusive to the children it may be very good grounds for a sole custody arrangement. It may also encourage the court to provide for supervised visitation. Visitation is a different issue than custody. Visitation is the means for the non-custodial parent to have a relationship with the children and build that relationship. A court generally regards this as semi-sacred. A custodial parent should NOT deny visitation. If it is necessary to curtail visitation for the real safety of the children, the custodial parent should immediately file a request for a change of visitation. Otherwise, a court may frown on a parent who denies visitation. In some states, continual denial of visitation can be grounds for a change of custody.


Can a custodial parent deny the non custodial parent seeing the children outside of the non custodial parent's court appointed times For example Picking up kids to go to park or eat for 2 hours?

Legally the custodial parent can deny visitation outside the court ordered terms. But if custodial issues come before the court again the incident might not look favorable for the custodial parent. To refuse an activity such as noted in the question would appear to be mean spirited unless the request for visitation interferred with the child's/children's school, medical care, extracurricular activity or something similar.


Does my 14 year old in GA have to visit his other parent if he doesn't want to?

If the parent has court-ordered visitation, yes. If there is a legitimate reason the child does not want to visit the parent, the custodial parent can petition the court to revise the visitation order. Be aware the court will not deny a parent the right to visitation without a very good reason, nor will they look kindly on a custodial parent who request it without a very good reason.