Refusing Court-Ordered Visitation Rights
Not all divorces and separations go smoothly or end with the desired outcome - in fact, when children are involved, few do. The issue of custody and visitation rights is one of serious debate and emotional turmoil, as the court’s decision on the matter will affect the child and both parents for years to come.
Visitation and custody force a couple to find some grounds for cooperation and mutual understanding when the fact is that neither of those two things were strong enough in the relationship to make it last in the first place. So how do you cope with it now? For some parents, the task of handing over their child to a partner that they do not deem fit to be a guardian is too much and they may wonder if they can simply refuse to allow visitation to continue. If you are heading down this path, or need legal counsel to re-address custody or visitation rights, contact the child custody and visitation rights attorneys at our office as soon as possible so that we can help guide you in the right direction.
Your Custodial Rights Could Be in Jeopardy
If you go against a court-ordered decision, such as disallowing legal visitation rights to your child’s other parent, you may be in jeopardy of losing your own custodial privileges. If a parent is denied legal visitation rights, they can call the local police to have the court order enforced, contact the district attorney, or file an action for contempt, according to California Courts. If you are taken to court, you may lose your custodial rights. This scenario, of a custodial parent denying court ordered visitation rights to a non-custodial parent, is called “frustration of child visitation rights.”
It is one of the many causes for the court to re-assess its original decision regarding child custody and visitation, as it shows that the child’s best interests may not be at heart with the interfering parent. An interfering parent may be seen as someone who corrupts the image of the other parent or makes false allegations. Additionally, and on another level altogether, a parent who interferes with the other parent’s legal visitation or custody rights by making false allegations of sexual abuse may lose their own custody or visitation, as per California statutes 3027.5.
I Do Not Think That the Non-Custodial Parent Is an Appropriate Guardian. What Can I Do?
The court makes decisions regarding child custody and visitation rights in the best interests of the child. Only when the child’s physical health or emotional development are seen to be in serious jeopardy will the court take away visitation rights from the non-custodial parent. If you fear for your child’s safety and/or emotional well-being when they are with the non-custodial parent, we can provide legal assistance in attempting to change the court ordered visitation rights. Contact our passionate San Jose family law attorneys for help today.