Divorce is painful enough; unfortunately, tensions can get high during this time, leading to understandable conflicts. You are making it difficult to deal with, especially when you’re still amid heartbreak from your divorce. While valid reasons may be right, this can lead to illegal visitation denial from the other custodial parent. Here’s what you need to know when legal visitation rights are violated.
What Does Denial of Visitation Rights Mean?
In specific child custody or divorce cases, one parent may be granted more rights over the couple’s child than the other. The person with more parental permission is the custodial parent, while the other is the non-custodial parent. Even so, most non-custodial parents are granted visitation rights, which allow children of divorced couples to see them legally.
Most courts try to allow visitation rights to parents if possible, although these decisions are left to their discretion. However, they may deny visitation rights to a non-custodial parent if it’s within the child’s best interests. Typically, this is reserved for cases where it is proven that the parent has a history of abuse towards their children.
Either way, both parents must speak to the court if they plan to change their child’s visitation order. If not, situations may arise where one of the parents takes matters into their own hands and deny non-custodial parent visitation rights without approval from the court.
Common Reasons for Refusing Child Visitation to a Parent
To reiterate, denying visitation rights to a parent without court approval is illegal, even if they’re non-custodial. However, there are lawful ways of adjusting visitation rights if need be. One can do this via a court petition for modification. Even if a parent believes their child is in immediate danger, they must take specific steps before refusing visitation rights. Such examples would include calling the police or child support services.
However, other common reasons for legally refusing child visitation for a non-custodial parent include:
- One or both parents abuse drugs and/or alcohol
- Differing views on education or which religion the child should be raised under
- One of the parents has been accused of child abuse, domestic violence, or sexual assault of a minor
- One parent disapproves of the other’s new partner and doesn’t want their child around them
- When the child initiates interest in not visiting the other parent
- A non-custodial parent is behind on child support, albeit by court approval only
Can a Custodial Parent Legally Refuse Visitation Rights to Another Parent?
No, it is illegal for a custodial parent to deny visitation rights without court approval, even if their intentions are good. Specifically for Pennsylvania, denying visitation rights from a non-custodial parent without legal permission can be considered contempt of court. This can be particularly common in cases where one parent isn’t paying child support.
While addressing these concerns is valid, one must do so with the court. Many people make the mistake of believing that this inherently denies visitation rights to the non-custodial parent. In reality, the courts view visitation and custody rights as separate concerns. At the same time, one parent can’t refuse to pay child support if their visitation rights are denied.
For the state of Philadelphia and the city of Pennsylvania, you should consider contempt of court charges if your visitation rights are being illegally denied. It’s within your best interests to speak with a Philadelphia divorce attorney to defend your case if you choose to take this step.
What is Contempt of Court?
The definition of contempt of court is relatively self-explanatory. It means that someone disobeys the court of law. Since visitation is court-approved and legally binding, anyone violating those agreements is technically in contempt. You can file a court charge against the other person if your visitation rights are wrongfully denied.
A contempt charge may allow the court to take actions such as jail time, imposing fines, and the removal of visitation privileges. As mentioned previously, severe punishments such as visitation denial must be court-approved. These are typically reserved for cases where the child is physically hidden and/or removed to a secret location. These usually lead to them losing other parental rights in the process.
These cases rarely happen, and the court will do everything to keep the child’s interests in mind, first and foremost. Otherwise, an ex-partner’s reasons for illegal visitation denial won’t hold up in court if it’s not a case of abuse or domestic violence.
Can You File a Motion for Contempt of Court in Pennsylvania?
Yes, Pennsylvania considers unlawful visitation violations as contempt of court. For one thing, there must be clear evidence that the custodial parent illegally denied visitation rights to the non-custodial parent. Granted, a series of events must play out to file a motion for contempt of court. Remember that constant, unlawful changes in a visitation schedule may also be considered contempt of court.
Some other information to consider is that custody can be awarded to both of the child’s biological parents, legal stepparents, and grandparents. Here are some other reasons why contempt of court can be filed:
- One parent refuses to return their child to the other despite joint physical custody or visitation rights
- One parent refuses to pay child support
- One parent doesn’t respect the other’s visitation time
- One parent decides to take their child on an unplanned vacation with the intent to separate them from the other parent
- One parent makes health or education-related decisions that violate the other’s legal custody rights
- One parent tries to prohibit communication between their child, and the other parent completely
- One parent attempts to move out of the state or country with the child
Can a Court Punish the Custodial Parent for Visitation Refusal?
It depends on the specific case and individual circumstances. For example, if it’s a situation where there’s clear evidence of domestic violence or abuse surrounding the child, the court may make exceptions that eventually lead to court-ordered modifications. Otherwise, it’s unlawful for a custodial parent to restrict visitation rights from the other parent without court approval.
In other words, the court will most likely punish the custodial parent for visitation refusal. The punishment will reflect the frequency and severity of their visitation denial. This is especially true if a court-ordered child visitation plan already exists.
Some examples of court-ordered punishments for custodial parents refusing visitation include:
- Modification to their child custody order
- Suspension or denial of future child support payments, spousal support, or maintenance
- The granting of full custodial rights to the other parent
- Holding a custodial parent in contempt of court
- Admonishment of the custodial parent by the court
Is it Legal to Ask the Court Deny Child Visitation?
So long as you follow very specific, law-abiding instructions, you may ask the court to deny visitation right under particular circumstances. However, it must be mentioned that the court may not approve your request. As mentioned, courts always try to make decisions that keep the child’s best interests at heart. With that said, they may determine that denial of visitation may be necessary for the safety and well-being of the child.
What if Your Visitation Rights Are Being Denied?
If your visitation rights are being illegally violated, there are a few lawful steps you can take. For one thing, acquire as much documentation and records as possible for evidence. Consider speaking with your ex or meeting with a mediator before resorting to the courts. If negotiations fail, give them a final warning by enlisting an attorney to write a formal letter on your behalf. If they still refuse visitation rights, work with your attorney to prepare yourself for court.
Work With a Child Visitation Attorney
If you find yourself resorting to court for your visitation rights, it’s highly recommended that you work with an experienced child visitation attorney. A child visitation lawyer will walk you through the legal system and assist you with any paperwork that must be completed ahead of time. They’ll be able to guide you through the process and advise you to make the best decisions for your child, including options supporting your current child’s visitation rights.
Are your legal visitation rights being denied by a custodial parent? Let our Philadelphia-based Cooper Family Law defend your case! Contact us to schedule today! Our experienced and compassionate child visitation attorneys, are ready to help you while keeping your child’s best interests at heart.
