When Can Visitation for Non-Custodial Parents Be Denied?  

If you’ve found yourself here, it’s probably because something about your child’s visits with their non-custodial parent feels off. Maybe your child is coming home upset, acting out more, or worse, suffering injuries, and your gut tells you something isn’t right. As a parent, nothing matters more than your child’s safety and well-being, and it’s only natural to wonder if you can stop these visits altogether. 

At Mahoney Richmond Thurston, PLLC, we understand how deeply personal and painful this situation can be. We’ve helped many parents navigate these tough decisions with care and experience, and we’re ready to help you. In this blog, we’ll walk you through when visitation rights can legally be denied, the reasons courts may consider, the steps involved, and why having an experienced attorney is crucial to safeguarding your child’s best interests. Let’s tackle this together—your child deserves the best.

Visitation Rights Are Generally Protected

Non-custodial parents are generally entitled to visitation because courts recognize the importance of maintaining a parent-child relationship. Visitation arrangements may stem from an agreement between both parents or be determined by a court order. When courts make this determination, their guiding principle is always the child’s best interests. This means ensuring the child is safe, supported and has healthy relationships with both parents whenever possible.  

However, these rights are not absolute. If legitimate concerns arise that visitation will harm the child, either emotionally or physically, visitation can be modified, restricted, or even denied.  

Grounds for Denying or Restricting Visitation

Only serious and demonstrable reasons are acceptable when seeking to deny or restrict visitation. Below are the specific grounds courts often consider.  

Emotional Harm

If a child’s mental or emotional well-being is at risk due to their non-custodial parent, visitation may be denied or restricted. Evidence, like therapist testimony or behavioral changes in the child following visitation, can be crucial in building your case.  

Child’s Wishes

When a child is old enough to articulate a preference, the court may consider this if the child’s reasons are informed and align with their best interests. Note that the weight given to a child’s opinion often depends on age and maturity.  

Violence or Endangerment

Evidence of domestic violence or physical abuse by the non-custodial parent can justify denying visitation. Courts will look closely at police reports, protective orders, and other documentation to assess the level of risk.  

Substance Abuse

If a parent struggles with alcohol or drug addiction, their capacity to provide a safe and stable environment during visitation can come under question. Courts require credible evidence of substance abuse, such as failed drug tests or documented incidents.  

Religion

While rare, visitation may be restricted if a parent imposes religious practices harmful to the child’s well-being or development. The nature and extent of the issue factor into the court’s decision.  

Risk of Abduction

If there’s a credible threat that the non-custodial parent might abduct the child, the court may restrict visitation to supervised settings or deny it altogether. Evidence like prior abduction attempts or violation of custody orders is essential here.  

Mental Illness

Severe, untreated mental illnesses that prevent a parent from ensuring the child’s safety and well-being can be grounds for visitation restrictions. However, courts often balance this consideration with the possibility of treatment or supervised visitation.  

Incarceration

Parents in prison may lose visitation rights, especially if their crimes directly endanger the child. However, some courts may still permit limited or supervised contact depending on the circumstances.  

Procedure for Denying Visitation

It’s critical to understand that custodial parents are not entitled to deny visitation unilaterally, even if they have concerns. The correct process involves filing a formal request with the court, supported by compelling evidence for the claim.

Steps to Denial:

1. File a Motion with the Court  

Submit a motion to modify the current visitation order, detailing the reasons and evidence for requesting denial or restriction of visitation rights.  

2. Notify the Non-Custodial Parent  

The non-custodial parent must be informed of the motion and given an opportunity to respond or present their case.  

3. Court Hearing  

Both parties will present their evidence before a judge, who will decide based on the child’s best interests.  

4. Adherence to New Order  

Once the court issues a new visitation order, it becomes legally binding for all parties.  

Consequences of Denying Visitation Without Legal Cause

Custodial parents who deny visitation without court approval risk serious legal consequences. This might include the non-custodial parent filing a claim of interference, which could result in modifications to custody arrangements. Courts generally frown upon any action that violates standing visitation orders, no matter how justified a parent personally feels.  

Additionally, false allegations or misuse of the legal system to block visitation without valid grounds can damage your credibility with the court. Working with a family law attorney is critical to protect your rights and ensure your case is handled effectively.  

Take Action to Protect Your Child

Visitation rights are vital, but they’re not absolute. If evidence shows that visitation jeopardizes your child’s best interests, you can take legal steps to modify or deny it. That said, navigating the legal process for restricting visitation requires exceptional care, strategy, and in-depth legal knowledge.

At Mahoney Richmond Thurston, PLLC, we understand the complexities surrounding child custody and visitation. If you believe your child is in danger or have further concerns about visitation, we’re here to help you take the right steps to protect them. Contact us today, and together, we’ll ensure their safety always comes first.