When creating custody and visitation agreements, Maryland family courts prioritize the health, happiness and well-being of the child. That said, judges will often try to maintain the child’s relationship with their noncustodial parent through visitation.
Both you and your former partner must honor court-ordered visits. However, there are certain situations where denying your coparent’s visitation rights is crucial. It is important to tread carefully, so here’s what you should keep in mind.
When can you refuse visitation?
Denying visitation requires a legitimate reason. In most cases, custodial parents refuse visitation over concerns about their child’s safety and well-being, such as:
- Abuse and neglect: If you think your child is at risk of harm during visits, it may be necessary to deny visitation. However, most courts will ask for proof to suspend or terminate visitation rights. Potential evidence may include medical records, eyewitness accounts or your child’s testimony.
- Substance abuse: If the visiting parent has a history of substance abuse or shows up to visits under the influence, it poses a significant risk to your child’s safety.
- Violation of court orders: Court-ordered visitation schedules are legally binding. Consistent violations of these orders may be enough grounds for denying future visitation. Possible violations include returning the child late or taking the child to unauthorized locations.
- Mental health issues: Untreated or severe mental health problems can potentially put your child at risk. If a parent’s mental health issues lead to erratic, frightening or dangerous behavior, it may be necessary to suspend visits.
- Domestic violence: A history of domestic violence can be a serious reason for denial, especially if the violence occurred in the presence of the child or if there is a risk of it happening again.
In some cases, you might have to wait for a court modification to legally refuse visitation. But if you think your child is in imminent danger, you may have to deny visitation right away and explain the situation later.
When can you not deny visitation?
It is illegal to ignore a court order unless there are immediate safety concerns. Usually, you will have to request a modification from the court. This requires a strong justification for restricting visits and evidence to support your claims.
Visitations can be beneficial for your child, but not if it puts them at risk. If you need to modify the court order, it is advisable to have a child custody attorney who can help you through the process.