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First, since the arrangement is essentially a court order, violating a child custody or visitation agreement can lead to contempt of court issues. This can result in consequences including possible criminal penalties such as fines or jail time. If they are a custodial parent, they can lose their custody rights to the child, or have their custody reduced. If they are a noncustodial parent, they may lose some or all of their visitation rights and possibly whatever custody rights they do have.
While child custody or visitation disputes and violations can be serious, there are some steps you can take to help avoid them. The first step is to ensure that your child custody and visitation agreement is actually formalized and approved by the court. This makes it so that the custody arrangement is legally enforceable.
Sometimes just knowing that an agreement is enforceable under law is enough to help prevent violations and disputes. Secondly, if there is a dispute or disagreement regarding the terms of custody and visitation, you should seek a modification of child custody or visitation orders. This can help prevent situations where one or both parents are trying to take matters in their own hands and are trying to create a new arrangement. Any changes should be approved by the court first before they are implemented.
Failing to have a custody or visitation order modified can also have negative effects on the child. The child may be placed in situations that are confusing or even dangerous for them. Child custody or visitation disputes can have legal effects and consequences on either parent. More importantly, they can place the child in situations that are not ideal for them. Your attorney can help answer your questions and can guide and represent you during the custody process.
Jose Rivera. Unless a parent is bringing false allegations to suspend visitation, the court will not hold the custodial parent in contempt for denying visitation until a hearing is held. However, the parent should work with an attorney or local authorities instead of attempting to handle the matter alone. Either parent may file a petition with the court to modify or suspend visitation rights based on a variety of circumstances.
In most cases, the court requires that the party demonstrate a substantial change in circumstances that justifies modifying or suspending visitation. Visitation rights may be denied for the same reasons they would be modified or suspended. Custody laws require that judges consider the best interests of the child when ruling on custody and visitation matters. Most states have enacted laws or have specific case law that lists the factors used in determining the best interest of the child.
However, most states also allow judges to consider other relevant information that is necessary to determine the child's best interest. 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. Examples of circumstances that often result in a temporary or permanent denial of visitation rights include:. Child Custody Table of Contents If you want to skip ahead, click on each chapter image to scroll down to that section.
Play Video. Some parents should lose custody of a child If you are facing an abusive, neglectful or unreasonable parent in a child custody case, you need help. It takes courage to stand up to a bully.
What does it mean to lose custody of a child? Parenting time also called visitation may be equal or primarily to one parent. Child abuse is the number one reason to lose custody of a child A very common reason to lose custody of a child is child abuse. Why do Parents Abuse Their Children? Parent or parents were themselves abused as children. Child abuse should be reported Child abuse should be reported to the proper authorities including law enforcement and the local social services agency. It usually starts with a request for order Losing custody of a child during a divorce or parentage proceeding often results from bringing the issue to the Court's attention.
Sexual abuse is a proper reason to lose custody of a child Much of what we have written about physical abuse applies to sexual abuse. Sexual abuse should never be minimized or tolerated. Child abduction is a second common reason to lose custody of a child Child abduction may have different meanings to different people. Child abduction is a reason to lose custody of a child.
The method to obtain orders against abduction are similar to any other child custody case. The California Judicial Council has also created forms for abduction cases that can be used. False allegations of child abuse should be a reason to lose custody of a child A parent that makes a knowingly false allegation of physical or sexual abuse against the other parent is just as dangerous as a parent that abuses a child.
False allegations of abuse against a parent is a proper reason to lose custody of a child. Substantial Evidence of the Following. Intent to interfere with the other parent's lawful contact.
Reporting of a false child, sexual abuse allegation. Knowledge the child, sexual abuse allegation was false. A Brief Interruption As you continue to read this article on the reasons a parent may lose custody of a child, we wanted you to know the attorneys at our premier family law firm are a phone call or online inquiry away.
Click below if you want to call us. The contact form you see will send us an email. We hope you enjoy the rest of this article. Child neglect may be a reason to lose custody of a child if it is serious Child neglect may be a form of abuse. Neglect may be difficult to prove If a child is malnourished, he or she may look very thin, lack energy or become ill more often than what is normal. Domestic violence raises a presumptive reason to lose custody of a child Domestic violence and child custody sometimes collide in a family law case.
Is violating a child custody order a proper reason to lose custody of a child? Let's take two examples. For our first example, assume a parent is late to custody exchanges That parent at least one to two times per week will arrive minutes late. Will that happen? For our second example, assume a violation of joint legal custody Assume a parent makes significant decisions in a child's life without consulting with the other parent even though both parents share joint legal custody. The actual factual situation should carefully be analyzed.
Under what circumstances should a refusal to co-parent be a reason to lose custody of a child? But is a refusal to co-parent a reason to lose custody of a child? Here are some examples: Poor co-parenting that likely will not lead to losing custody of a child One parent disagrees with the general choice of clothing or amount of makeup for their daughter.
Poor co-parenting that may lead to losing custody of a child The parents have a 12 year old child that is getting the grade F in 4 out of his 5 classes and is seriously acting out in class, getting into fights and regularly being disciplined. Is this level of refusing to co-parent a proper reason to lose custody of a child? How does parental alienation factor into losing custody of a child?
Are there other reasons to lose custody of a child that we have not discussed? Whether your case has a proper basis to make such a request is a fact specific question.
We hope you enjoyed this article Please visit us often for additional informative articles and guides on California family law. Contact us for an affordable strategy session.
Your Strategy Session. Southern California Offices. Our Services and Fees. Was this article helpful to you? Robert Farzad. Parental Conflict After Divorce by B. More Publications. If you have a case number, write it here. If you have a court date, write it here. How many law offices have represented you? How were you referred to us? Our Family Law Firm. Read what our clients say. Victories or settlements. About our fees and services. Our Locations. Measure ad performance. Select basic ads.
Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products. List of Partners vendors. Courts assign visitation for the purpose of encouraging non-custodial parents to maintain regular contact with their children.
However, what looks reasonable on paper doesn't always work in real time, leaving many parents wondering, "Can I refuse to send my kids for court-ordered visitation? Here are some scenarios that might leave parents feeling hesitant about their children going for visitation with the other parent. These are just a few examples of the challenges single parents face in trying to follow court orders while also doing what's best for their kids.
From the perspective of the courts, visitation orders ensure that both parents spend time with their children. In general, courts tend to favor arrangements where children maintain a bond with both parents, even when they reside primarily with one or the other.
In such cases, you would need to demonstrate that visitation poses a threat to your children. Simply not liking how the other parent spends their visitation time is not considered a legitimate reason to revoke a parent's right to visitation. A parent who believes that their children are in imminent danger can refuse visitation.
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