Can a Parent Ever Refuse the Other Parent’s Visitation Time?

 Posted on October 22, 2021 in Family Law

Although the goal may be to have the divorce process go smoothly and end with the desired outcome, the reality is that very few do, especially if there are children involved. Child custody is one of the most serious and emotional issues that a couple must address in their divorce and whatever the court’s final decision is will affect the child and parents for the rest of their lives.

Navigating Through the Court’s Decision

Many couples who have reached the point of ending their marriage are usually dealing with a severely deteriorated relationship. The ability to communicate with each other peacefully may be poor, while contention between the two may be high. Child custody and parenting time forces a couple to have to come together and reach a mutual understanding and be able to cooperate with each other to effectively co-parent. The irony is that these are often things that the couple were unable to do while married and this is why the relationship crumbled.

In some cases, one parent may feel the other parent is unfit and it is unsafe for the child to be in the parent’s care, regardless of what the court order says. The parent may wonder if they are able to refuse to allow any visitation between the child and the other parent. If you find yourself in this situation, it is critical to speak with your child custody attorney before you take these drastic steps. Your attorney can provide legal advice on whether there may be grounds to request the court modify custody or parenting time.

Do Not Jeopardize Your Custody Rights

If a parent goes against the court’s custody order and refuses to allow the other parent their legal parenting time, even if the parent feels they are justified in doing so, they may actually lose their own custody privileges. If a parent is refused their legal parenting time, they can contact the police to enforce the court order. They can also file a contempt action against the other parent. Interfering with the other parent’s custodial or parenting time is not something the court’s take lightly. In fact, this is one reason why the court could re-assess its original decision regarding custody since it could indicate that the interfering parent may not have the child’s best interest at heart.

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 physical or sexual abuse may lose their own custody or visitation.

Contact a Novi, MI Family Lawyer for Legal Assistance

The court makes decisions regarding child custody based on what is in the best interest of the child. Only when the child’s physical health or emotional development are seen to be at serious jeopardy will the court modify or take away parenting time or custody from a parent. If you fear for your child’s safety and/or emotional well-being when they are with their other parent, contact an Oakland Park child custody attorney immediately to find out what legal recourse you have. Call Elkouri Heath, PLC at 248-344-9700 to schedule a free consultation.

Source:

http://www.legislature.mi.gov/(S(javcljzit1klm2bnrpn0itaj))/mileg.aspx?page=getObject&objectName=mcl-Act-91-of-1970