What You Can and Can’t Do When One Parent Denies Visitation

Being denied child visitation by the courts or custodial parent in Utah can be a tormenting experience to the other parent. There are things you can and can’t do in situations where one parent denies child visitation. In fact, it is important to know the grounds for denying visitation in order to solve the conflict.

When Can You Deny Visitation to the Non Custodial Parent?

Are parents allowed to deny visitation? If the existing court order hasn’t been changed, then it is illegal to deny the non-custodial parent visitation. Although it is rare for courts to completely deny visitation, if a court is satisfied that safety is an issue, the court can deny child visitation. In such situations, the judge may recommend anger management sessions, parenting classes or drug abuse and alcohol addiction treatment before allowing regular visitation. It is advisable for the affected parents to comply with these court instructions immediately in order to demonstrate commitment to continue regular visitation.

In most cases, the courts will recommend supervised visitation rather than totally denying a parent visitation. And, in such cases, the parent will not have a say in where the visits take place and who supervises the visitation. Therefore, it is important to get the exact details of who can supervise the visitation, where it will take place and the estimated duration of every visit. If a judge issues an order requiring supervised visitation, it is crucial to know whether the order is temporary or hinges on providing court-ordered requirements such as proof of completing a court-approved drug treatment or proof of participation in certain support programs.

There are consequences for denying child visitation without a court order. Hence, it is prudent to seek help from a child custody lawyer in Utah to help resolve the matter amicably.

What to Do When You Have a Court Order for Visitation and the Other Parent is Denying You Your Parent Time?

Although it’s possible to get a Verified Motion for Contempt and file it with the court that ordered your child visitation, it is advisable to hire an experienced child custody lawyer in Utah. In other words, this is asking the courts to hold the custodial parent in contempt of a court order. Before asking the court to enforce its order through a Verified Motion of Contempt, it is vital to:

  • Read and understand the visitation order fully
  • Make a written request to the other parent for visitation on specific days at specific times
  • If the court order allows visitation at reasonable times, notify the custodial parent and suggest specific dates for visitation
  • Ask the other parent to suggest other specific dates and times by a certain date, if he or she is not comfortable with your suggestions
  • Keep all letters of these communications and responses
  • Show up on time for every scheduled visitation
  • Call the police and politely explain the issue for them to file a report
  • Keep a diary of every visitation

Consequences for Denying Visitation

Can a custodial parent deny visitation rights? In some cases, the visitation schedules can conflict and both the custodial and non-custodial parent may not be able to stick to the official visitation order schedules. When such circumstances prevail infrequently, it’s upon the parents to work together and agree on a schedule that allows the non-custodial parent to fulfill his or her visitation. If the parents don’t agree amicably, it’s advisable to contact an experienced family law attorney in Utah.

Withholding child visitation in retaliation for the non-custodial parent’s decision to withhold child support is against the law. In some cases, the parents are unable to work together, and the family law attorney can help to have non-custodial parent’s visitation rights upheld.

Legal Case Review with a Child Custody Attorney at the Law Office of David Pedrazas in SLC

If you have a court order for child visitation and you have been denied visitation, contact Attorney David Pedrazas– an experienced Salt Lake City, Utah Attorney by calling 801-263-7078 for a Legal Case Review. The Office of David Pedrazas has been helping and educating clients with various kinds of family law or divorce cases for over 20 years. If you don’t have any child custody and visitation order filed with the courts, David Pedrazas will help you to officially file for child visitation rights.

Download PDF