Can I Stop Visitation Rights? A Guide for Custodial Parents

Visitation rights are the legal rights of a non-custodial parent to see their child.

In most cases, visitation rights are granted by the court as part of a custody order or agreement.

However, some parents may wonder if they can stop visitation rights in certain situations.

This article will explain the reasons why visitation rights may be denied, the consequences of denying visitation rights, and the steps to take if you want to modify or terminate visitation rights.

how a father can lose a custody battle
how a father can lose a custody battle |Stewart Law Group

Reasons for Denying Visitation Rights

There are very few circumstances in which a custodial parent can legally deny visitation rights to the non-custodial parent.

Generally, the court will only do so if there is clear evidence that visitation would harm the child’s physical, emotional, or mental well-being.

Some of the reasons why a parent’s visitation rights may be denied by the courts include¹:

  1. The parent has not exercised his or her visitation rights in the past
  2. The parent no longer has contact with the child
  3. The parent has a history of abuse, neglect, or violence towards the child or the other parent
  4. The parent has a substance abuse problem or a mental illness that affects their ability to care for the child
  5. The parent has violated the terms of the visitation order, such as failing to return the child on time or taking the child out of state without permission
  6. The child is old enough and mature enough to express a preference not to see the parent

Consequences of Denying Visitation Rights

If you are a custodial parent, you cannot deny visitation rights to the non-custodial parent if there is a custody agreement or order in place.

You must comply with the court order or agreement regardless of whether you want to do so or not.

If you refuse to allow the other parent to visit the child, you could face serious legal consequences, such as:

Steps to Take If You Want to Stop Visitation Rights

If you believe that the non-custodial parent should not have visitation rights, you cannot simply stop allowing them to see the child. You need to petition the court to modify or terminate the existing visitation order.

Here are some steps you should take if you want to stop visitation rights:

1.Look for forms

Many states have forms for motions to modify custody and visitation orders.

You can find these forms online or at your local courthouse.

You will need to fill out the forms and explain why you want to stop visitation rights and provide evidence to support your claim.

2.Consider hiring an attorney

Modifying or terminating visitation rights can be a complex and challenging process.

You may need legal advice and representation to protect your rights and your child’s best interests.

An attorney can help you prepare your motion, gather evidence, negotiate with the other parent, and present your case in court.

3.File your motion.

You will need to file your motion with the same court that issued the original custody and visitation order.

Serve a copy of the motion to the other parent and notify them of the date and time of the hearing.

You may have to pay a filing fee and a service fee.

4.Attend the hearing.

You will have to appear in court and explain to the judge why you want to stop visitation rights.

Have to present evidence and witnesses to support your claim.

The judge will listen to both sides and make a decision based on the best interests of the child.

What can I do if my ex won’t let me talk to my child?

There are some things you can do to try to resolve this issue. Here are some possible steps you can take:

1.Talk to your ex.

Try to communicate with your ex in a calm and respectful way.

Explain that you want to be involved in your child’s life and that your child needs both parents.

Ask your ex why they are refusing to let you talk to your child and what you can do to make things better.

If your ex is angry or hostile, do not argue or escalate the situation.

Instead, try to end the conversation politely and try again later.

2.Reach out to family members or friends.

If your ex has family members or friends who are close to your child, you can ask them to help you.

They may be able to persuade your ex to let you talk to your child or arrange a phone call for you.

3.Hire a mediator.

If talking to your ex or their family or friends does not work, you can consider hiring a mediator.

A mediator is a neutral third party who can help you and your ex reach an agreement about your child.

The mediator can facilitate a constructive dialogue between you and your ex and help you find a solution that works for both of you and your child.

Mediation can be cheaper and faster than going to court, and it can also preserve a positive relationship between you and your ex.

4.Keep records.

If your ex continues to refuse to let you talk to your child, you should keep records of all your attempts to contact your child and your ex.

You can save your phone logs, text messages, emails, and any other evidence of your communication.

These records can be useful if you have to go to court to enforce your rights.

They can also show your ex that you are serious about staying in touch with your child and that you are not giving up.

5.Go to court.

If none of the above steps work, you may have to go to court to seek legal action.

You can file a motion to enforce your visitation rights or to modify your custody order.

Show the court that your ex is violating the existing order and that it is in your child’s best interest to have regular contact with you.

You may also need to prove that your ex is harming your child by alienating them from you.

Going to court can be expensive and stressful, so you should consult a lawyer before you decide to do this.

Conclusion

Visitation rights are not absolute and can be modified or terminated by the court in some cases.

However, you cannot deny visitation rights to the non-custodial parent without a court order.

If you want to stop visitation rights, you will need to follow the legal process and prove that visitation would harm your child.

You should consult an attorney and seek professional help if you are facing this situation.

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