A Law Career

Why The Custodial Parent May Deny Your Visitation Rights Even If You Haven't Done Something Wrong

by Ruby Mckinney

In most cases when one parent denies the noncustodial parent visitation rights, it is because the other parent has done something wrong. For example, the custodial parent may deny the other parent their visitation rights if the noncustodial parent is abusing the kids, abusing drugs or not paying child support. However, there are also cases where the custodial parent may deny your visitation rights even if you haven't done something wrong in the literal meaning of the word.

Here are examples of such situations:

You Have Religious Differences

Religion can bring people together, but it can also be a powerful divisive thing. The custodial parent can deny your access to the child if they don't agree with your religious convictions. This may be the case whether they are the ones who have changed or you have the ones who have changed their religious leanings since the divorce. For example, if you have converted to a new religion that the custodial parent doesn't approve of, they may bar you from visiting with the child to limit the child's exposure to the new religion.

The Custodial Parent Fears Child Abduction

There are also cases where the custodial parent may prevent you from visiting with the child not because you have done something wrong, but because they fear you may run away with the kid. This may be the case even if the custodial parent's fears are unfounded or even if they are the ones who have done something to risk their position with the child.

The Child Does Not Wish To See You

It's also possible to be denied access to your child because of the child's wishes. Maybe the child wants to please the custodial parent, is throwing tantrums or has genuine (though unfounded) concerns about visiting with you. Depending on the custodial parent's view of the issue, they may agree or even encourage the child to stop associating with you.

The Custodial Parent Disapproves Of Your Current Romantic Partner

Sometimes, it is not you who the custodial parent has a problem with, but rather, your new romantic partner. It may be a case of jealousy, which is typical in newly divorced or separated parents, or it may just be that your romantic interest has a trait that the custodial parent doesn't want to rub off on their child.

It is not legal for a custodial parent to deny visitation rights to the non-custodial parent without the court's approval. Therefore, whether you are the custodial or non-custodial parent, seek the court's approval first before making any change to the custody or visitation arrangement. To learn more, contact a law firm like Kleveland Law.