For parents with a solid history of compliance with visitation orders, and co-parenting in general, a decision to withhold parenting time based on sincere health-related concerns may have less serious repercussions, even if the decision may be questioned in hindsight. Leeper's story is becoming increasingly common as divorced parents try … This situation can occur for a number of reasons, the most devastating, of course, being the death of the parent. When Visitation is Consistently Withheld. It has been more than a month since Jennifer Leeper's ex-husband has seen their 12-year-old daughter, despite him being granted regular contact after the divorce. Withholding visitation from the other parent is illegal, and it is a serious matter that can significant consequences based on Florida law. It should also be pointed out that if one parent refuses to allow the other parent visitation, that parent may not use that as a reason to withhold … In many cases, however, disagreements between parents can result in parenting time interference. First of all, you need to know your daughter is not the first and certainly won't be the last teenager who disagrees with a visitation plan. Parental time interference occurs when a parent actively disrupts another's allotted time with their child. In an ideal world, parenting issues would be resolved amicably between adults, without involving the relationship between parent and child. Custodial Interference Can Backfire. I understand your concerns though. Another reason: the other parent, or someone living with him, is believed to abuse or neglect your child during visitation. If there is a visitation order that states when the non-custodial parent has access to the child, or even if the order allows for visitation as agreed between the parties, withholding child visitation is a violation of that order and the non-custodial parent can do … The short answer is no, a parent can never stop a child from visiting the other parent unless the child is in immediate danger, or the court issues a court order approving this modified custody arrangement to exclude custody or visitation by one parent. Send the father an email that states you are withholding the current visitation because the doctor gave you a note (scan a copy) and the child needs to be cared for. Because a visitation decree is court-ordered, it is legally binding, and failure to abide by terms is considered a contempt of court. A denial of visitation rights by the custodial parent to a non-custodial parent, absent a change in an existing court order for visitation rights, is illegal. Leeper, 48, of Sacramento, California, is defying the custody settlement out of fear that Chloe risks contracting COVID-19 by being with her father. Here is an overview of the most common disputes among parents and grandparents that can lead to withholding contact with grandchildren. If, for some reason, a parent or other individual withholds visitation rights, then that parent is violating a court order. Clearly state the reasons you wish to revoke visitation in plain, factual language without emotion. But, don't stop there. A reason may include alcohol or drug abuse by the other parent. However, if you have no excuse and the child is not in imminent danger, visitation rights must continue on until you have spoken to … I have several suggestions for you. If you have reason to withhold the child because you feel as if they are in danger, then it is a good idea to act and assert your rights. Can a parent keep a child away from the other parent following a divorce? This is true both in situations in which the parents have agreed on a parenting plan outside of court, and in situations in which scheduled visitation has been ordered by the court. There are many reasons a parent may withhold visitation, such as in retaliation for the other parent not paying child support or because one parent doesn't approve of the other's dating partner. Withholding visitation can be grounds for a change in custody, so you don't want to go there. With that note, you are more likely to be considered within reason to withhold visitation. Both parents have the right to have a meaningful relationship with their children. Payment of child support and visitation are legally independent matters.


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