Denying a parent’s rights to visitation, for the most part, is not legal without a court order. There are times, however, when the other parent can request the family court to restrict visitation rights. This is possible in certain circumstances, especially if the non-custodial parent is abusing the child or has problems like drinking or using illegal drugs.
Circumstances for Restrictions
The thing to remember is, judges will only allow denial or restriction of visitation rights for limited circumstances, and some of these may only create restriction instead of permanent custody change. These circumstances include child abduction, physical harm, emotional abuse, and sexual behavior that may have negative effects on the child.
Visitations can and must continue even if the other parent is late on child support payments. If there is an issue with the other parent, the other one needs to take the proper legal action, instead of just deciding to deny or hinder visitation. Child custody lawyers in Colorado Springs say this can result in legal consequences like losing rights or even custody of the kid.
Breach of Agreement
When there is a formal child custody order in place, a court may punish the one who disobeys the agreement. The punishment, of course, will still depend on a judge. This usually depends on the length and frequency of visitation denial. Punishments may include make-up visit, child support suspension, or a change in custody.
For the custodial parent to deny visitation, it is advisable to have the original custody changed. If the court found the restriction reasonable, they may allow visitation under supervision. When it comes to suspension, this can only happen if a parent violated the order multiple times. This s also possible if the kid is troubled because of visitation or if the parent made threats to fly away with the child.
It is advisable to consult with a lawyer when changing a visitation order. An experienced family attorney can help parents understand their rights and deal with the legal proceedings.