Child Support
- What is Visitation?
- Are you guaranteed visitation rights?
- What does the court refuse visitation?
- What happens if a parent refuses to allow the other parent visitation?
What is Visitation?
When a court awards exclusive child custody to one parent, the non-custodial parent maintains the right to see and visit the child, absent extraordinary circumstances.
Go BackAre you guaranteed visitation rights?
The law implies the parent's right to visitation. Thus, an express prohibition on visitation must exist within the decree in order to deny parental visitation rights because visitation rights stem from the fact of parenthood.
Even though this strong presumption in favor of visitation rights exists, courts may impose restrictions on visitation by noncustodial parents.
Go BackWhen does the court refuse visitation?
- If the court is convinced that visitation to a parent would be injurious to the child's best interests
- The courts can deny visitation rights if the noncustodial parents has physically or emotionally abused the child in the past.
- If the noncustodial parents is suffering from a mental illness that would emotionally devastate the child.
- If the noncustodial parents is incarcerated or has a prison record.
What happens if a parent refuses to allow the other parent visitation?
The court can order the parent in indirect contempt of court if the parent refuses to obey the court’s visitation.
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