Focusing On Family Law – And You
As with most other states, California prohibits custodial parents from denying visitation without a court order. If your custody agreement includes visitation rights, then your coparent has the legal right to spend time with your child.
Nevertheless, California law understands that not all parents are fit to care for their children, even during short visits. If you think your child’s other parent should not have visitation, here’s what you need to know.
Can custodial parents deny visitation?
You cannot deny the noncustodial parent’s right to visit unless you have a court order allowing you to do so.
Nevertheless, you can initiate a modification of your existing custody or visitation order. In doing so, you must demonstrate that visitations pose a risk to your child’s health and well-being.
Common reasons to deny visitation include:
- Physical abuse
- Emotional or mental abuse
- Sexual abuse
- Neglect
- Substance abuse
- Dangerous or unsanitary living conditions
- Exposing the child to dangerous situations
- Violation of visitation orders, such as constantly returning the child late
During a hearing, a judge will allow both parents to tell their side of the story and present evidence.
There are three possible outcomes: The judge can suspend visitation, terminate visitation rights or deny your request to modify the existing agreement.
What are illegal reasons for denying visitation?
The court will determine if your reason for denying visitation is valid. Some reasons are not acceptable in the eyes of the law. These include but are not limited to:
- Personal conflicts that do not affect the child directly
- Failure to pay child support
- A new partner
- Differences in parenting styles
- Refusal to communicate
Denying court-ordered visitation without a valid reason can lead to legal consequences, such as contempt of court charges.
What about emergency situations?
What if the noncustodial parent shows up at your door visibly intoxicated? Or what if your child experienced abuse during the last visit? In such cases, you may be able to get an emergency order suspending the other parent’s visitation rights.
However, you do not have to wait for an emergency order if your child is in immediate danger. Contact law enforcement or child protective services. They can help you file a temporary restraining order to keep you and your child safe.
Furthermore, consider consulting a family law attorney. They can help assess your situation and guide you through your options.
Remember, your child’s safety trumps the need to follow a court order. If you believe the other parent is putting them in danger, take action sooner rather than later.
