There is a lot at stake during a divorce, including child custody. In most cases the court will grant shared custody of a child. This is because they believe it is in a child’s best interest to benefit from the nurture of each parent. However, in certain circumstances they may grant sole legal custody to one parent. With sole custody, the non-custodial parent can file a request for court-ordered visitation rights to ensure they have parenting time with their child. Under certain circumstances the custodial parent may refuse to send their child for court-ordered visitation. However, custodial parents cannot deny their ex court-ordered visitation unless they have legitimate reasoning and even then they must take the issue up with the court. Whether your ex has denied you visitation rights or you refuse to send your child for visitation because you believe your child is in danger, a trusted Rockland County Child Visitation Attorney can help protect your child’s best interests. Please read on and get in touch with one of our dedicated team members who can help you today.
Can I refuse to send my kids to court-ordered visitation?
A parent may be hesitant to send their child for court-ordered visitation for several reasons. However, it is not only considered a violation, but it is illegal for a parent to ignore a visitation court order. Regardless of the reasoning for not wanting to send a child for court-ordered visitation, a parent must file a petition with the court to have their ex’s visitation rights revoked. If they do not take the matter up with the court and simply deny their ex visitation rights, they can be held in contempt with the court. Although it is illegal for a parent to deny another parent their visitation rights, there is an exception to when it is acceptable to deny parenting time. If a parent has a valid reason to believe their ex is physically, emotionally, or sexually abusing their child they should not send them for court-ordered visitation to protect the child’s welfare. The court will only revoke a parent’s visitation rights if there is legitimate reasoning. However, even with legitimate reasoning such as a child being in danger, it is up to the court to determine what is in the best interest of the child. In this case, if a child is being abused in any way, the court will revoke the parents’ visitation rights.
Divorces that involve children are always complicated. However, parents can rest assured because regardless of the reasoning or circumstances of the divorce, a child’s best interests are always the main priority when determining a visitation order. If your ex is wrongfully denying you visitation rights or your ex court-ordered visitation or you fear your child is in imminent danger, allow our firm to help you protect your child’s welfare.