The court will only change the visitation terms of your decree if a judge feels it's in the best interests of your child to limit her contact with your ex, so you might need the help of an attorney. Otherwise, you can go to the courthouse, explain your problem to the clerk and ask for help. The visitation agreement may include overnight visitation stays, which can leave the household very quiet and lonely. Having primary custody of a child is not without its struggles. Depending upon the facts, the court can grant: If the court grants supervised or no visitation, what happens if the custodial parent dies? You may refuse visitation to a parent who has been accused of domestic violence. The temporary custodian would then have to go to court to become the children’s legal guardian. If there is a court order for visitation and you stop visitation without the judge’s approval, the non-custodial parent may take you to court for contempt or to get an injunction. The clerk can tell you how to request an emergency hearing so you can ask a judge for approval to deny that day's visitation. Hoosiers living outside of Marion County in need of emergency rental assistance should apply for support as soon as…, If you're struggling to pay your rent, and currently living in Marion County, we encourage you to apply for emergen…, Important Announcement: The Tenant Help Desk Hotline will not be open this week due to Thanksgiving. It's intended to repair the situation and reunify your child with her other parent. Courts are making it clear that denying visitation during this time won't be tolerated and may result in contempt of court and sanctions. If the problem isn't limited to an isolated incident -- for example, if there's ongoing neglect or abuse in your ex's home -- you can file a motion with the court, asking a judge to address the problem and modify your divorce decree's visitation terms accordingly. While courts splutter about legislating fairness to stepkids, they are blind to … Please consider donating to Indiana Legal Services. It is important to know however, that if a custodial parent makes unsubstantiated abuse allegations solely in an effort to deny the noncustodial parent his or her visitation rights, they could risk losing custody to the noncustodial parent. If circumstances make it unsafe for your child to spend time with her other parent, you can ask the court to issue an order changing your visitation arrangement. Sometimes parents think they're justified in withholding visitation because their ex isn't paying child support. Denying visitation to the other parent is child abuse. A parent's visitation rights may be denied or suspended if a judge determines visitation with the parent is not in the child's best interest. Reasons to Withhold Visitation in Virginia Child Custody. There are serious consequences and a parent who wrongfully denies visitation WILL SUFFER if they continue. Courts cannot deny your right to custody or visitation just because you were never married to the other parent, or because you or the other parent has a physical disability or a different lifestyle, religious belief, or sexual orientation. However, it's not likely that a judge will deny visitation entirely. 7 Illegitimate Reasons to Refuse Visitation Rights. If you deny visitation without court approval, and do it often enough, you could lose custody. None of the following are valid reasons to deny visitation: The child is sick. The best schedule, say the experts, is short but frequent time with the noncustodial parent: short because infants and toddlers can't maintain the image of their primary caretaker for long and frequent to enable them to bond with the noncustodial parent. If you have a visitation agreement, usually in the form of a court order for child support, child visitation or divorce, it’s important that both parents abide by the courts orders. Depending on the reason you want to withhold visitation, you have a couple of options. It is also possible to limit visitation in an Order of Protection hearing. When the court orders supervised or no visitation, the court should also appoint someone to serve as temporary custodian if the custodial parent dies. Can I stop the non-custodial parent from visiting our child? That doesn’t mean you won’t come up against a homophobic judge, even in those states.