A problematic family may raise issues with the court about the rights of their children, especially if the parents have a current divorce case. The children may be in the middle of fights between the mother and the father, but they must not be affected as much as possible. However, some parents don’t care about the feelings of their children because of their current marriage problems, which should not be right.
Also, there is a situation where the mother or father will raise rights regarding their child/children that visitation with the children is prohibited, in which the court does not let the parents decide for their child. The court favors the party more in which the welfare of the child/children is provided. Problematic parents may ask: when can you deny visitation to the non custodial parent. Discover and understand what and who is a non-custodial parent.
What and who is a non-custodial parent?
As a mother or father of the children, you may say that you have the right to your children. You want the children under your custody, and you have all the rights to your children, especially if you have not sinned or not at fault within your marriage life. Here is an explanation of what and who is a custodial and non-custodial parent.
- Non-custodial parent. A parent of the child/children who doesn’t have physical custody of the minor child, as ordered by the court.
- Custodial parent. Once the child has only one parent, which is called a sole custody arrangement, a parent with which the child/children lives.
Denying visitation
Denying the visitation of the non-custodial parent is not under the decision of the custodial parent. Instead, the court decided to do that by learning and understanding why the non-custodial parent denied visitation to the child/children. There are legal grounds for the denial due to specific situations, which can harm the physical and emotional well-being of the child/children.
The family court supports the importance of parental relationships, but if they see some problems that affect the child’s welfare, denying visitation is ordered. If the family court finds something not good for the non-custodial parent, affecting the physical and emotional well-being of the child/children, they prioritize the best interests and safety.
The family court warrants denying visitation rights to the concerned party, non-custodial parent, based on the specific legal grounds of reasons. The family court is always in favor of the welfare of the child/children as their priority, which means they always favor or agree to anything good for the child/children, even if it is denying the visitation of the biological parent.