Denied visitation rights for non-custodian parents
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Denied visitation rights for non-custodian parents

| Jan 27, 2020 | Firm News |

According to the CDC, Florida ranks among the top 10 in the highest divorce rates in the US. It means child custody battles are rampant here. What is evident in these cases is that only one parent gets custody while the non-custodian receives visitation rights. However, denied visitation is not new since custodial parents can deny visitation rights to the other parent.

The courts mostly decide child custody battles with the interest of the child. It is rare for the same court to deny non-custodian parents any visitation rights; hence the other parent does this illegally. Some grounds for denying a co-parent visitation may include;

  • Failure to pay child support
  • Physical and emotional abuse to the child
  • Parental kidnapping
  • Religious differences
  • Drug and alcohol abuse
  • Disapproval of the non-custodian parent’s partner

The 2019 Florida Statutes grant equal rights to both parents on child custody cases. So, if denied visitation, the non-custodian parent should take the following measures.

  • Document all the critical events that took place during the time of denial.
  • Talk about it: There are other reasons for denied visitation that the two parents can sit down, discuss, and come up with an agreement.
  • Report to the Police: Filing a police report will help, especially when the non-custodian parent already has a court order warranting visitation.
  • File a motion: The parent can file a motion with the court stating that the other parent has violated the court order or issue sanctions seeking to prevent denial from happening again.

Divorce can have very advanced effects on the emotions of the minor. Discussing the existing differences and finding solutions that do not interfere with the child is the best thing to do.