When can you deny a parent from seeing their child? This may be an uncomfortable question, but it’s a necessary one when it comes to working out the details of visitation rights. Understanding the rules has a lot to do with how the courts view the topic. At Wall & Wall Attorneys at Law, P.C., we understand the nuances behind every divorce, which is why this topic can be more complicated than it first appears. We’ll look at the premise and what kinds of circumstances are seen as reasons to withhold visitation rights.
When the courts are deciding who should spend time with a child, they begin with a general belief that the child will be better off with both parents in their life. This means that they’ll do what they can to give parents the benefit of the doubt in terms of their rights. For example, a parent doesn’t have the right to deny visitation because the other parent hasn’t paid their child support. However, there are some exceptions to this rule. If you’re wondering which reasons to deny visitation will be seen as credible, there are a few key ones to know.
Child endangerment is generally the biggest reason why a parent would be granted the right to deny visitation to the other parent. The parent is encouraged to contact their attorney immediately if they know or suspect any of the following: physical, emotional or sexual abuse, substance abuse, hazardous living conditions, or exposure to dangerous situations. Keep in mind these terms are rather ambiguous, giving judges a good degree of leeway when deciding what does and doesn’t constitute abuse. For instance, spanking could be seen as physical abuse to one person and discipline to another.
Other violations that might constitute a visitation denial include:
- Allowing the child to miss an excessive amount of time in school
- Violating previously agreed upon court orders
- Refusing to co-parent or intentionally causing harm with the relationships of the other parent
- Incarceration of the other parent
Again, these guidelines are left to be deciphered by the courts. The refusal to co-parent could be taken in a number of ways by different parties. The goal is to provide the fairest possible solution to the child.
Top Utah Child Visitation Lawyers
At Wall & Wall Attorneys at Law, P.C., we offer both full divorce services or DIY help, depending on what you’re looking for. Our free 30-minute consultations are an excellent option for parents who are still trying to figure out the best route for them. Not every parental dispute will require a change to visitation rights, but it’s worth getting the opinion of a professional — especially if you believe that your child is at risk in any way. Utah child visitation laws aren’t always easy to maneuver around, so give us a call today to find out more about your rights and the rights of your child.