Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. This educational video was brought to you by Carrie Schultz, an experienced New Jersey Child Custody Attorney. 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. Another possible scenario is where the custodial parent has reason to believe that the non-custodial parent is drinking or using drugs during visitation periods. However, visitation rights can also be illegally denied in more subtle ways. Our opinions are our own. The legal phrase for this scenario is called frustration of child visitation rights, and in many states this can be cause to change the court-ordered child custody arrangement and hold the custodial parent in contempt of court. Finding trusted and reliable insurance quotes and legal advice should be easy. MR. Men’s Rights Divorce & Family Law of New Jersey by Schultz & Associates, LLC, Hours: Monday to Friday: 9:00 AM – 5:30 PM. If a court enters an order granting visitation rights to the other parent during a divorce proceeding or otherwise, the custodial parent is violating the order if he or she denies visitation with the child. When a noncustodial parent is repeatedly denied his or her rights to visit their child, it is important that the parent document each denial. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. It is important to know however, that if a custodial parent makes unsubstantiated abuse allegations solely in an effort to deny the noncustodial parent his or her visitation rights, they could risk losing custody to the noncustodial parent. It’s important that the plan be workable for everyone involved. As an experienced New Jersey child custody attorney, I often have parents come to me asking what they can do if their child’s other parent is always late to and from parenting time. Every case is unique. This doesn’t influence our content. You should consult an attorney for advice regarding your individual situation. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. When a Custodial Parent Can Deny Visitation. For example, it is also illegal for a custodial parent to refuse visitation rights on the basis that they don’t like the non-custodial parent’s significant other; the child is sick; the child is visiting relatives; the child is out of town or at another scheduled activity; or for almost any other basis. Copyright © 1995-2020 | FreeAdvice.com | 15310 Amberly Dr, Suite 250, Tampa, FL 33647 | Privacy Policy | Terms & Conditions | CCPA. Written by We update our site regularly, and all content is reviewed by experts. Disclaimer: 2020 © MR. Men’s Rights Divorce & Family Law of New Jersey by Schultz & Associates, LLC | All Rights Reserved | Privacy Policy | Sitemap. Jeffrey Johnson The non custodial parent continues to show up late to pick up my child. Jeffrey Johnson is a legal writer with a focus on personal injury. These materials have been prepared by MR. Men’s Rights Divorce & Family Law of New Jersey by Schultz & Associates, LLC for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Are you sick of your ex always being late for parenting time? A good way to document a denial of visitation rights is to file a police report. However, as with abuse charges, a custodial parent who asserts that the non-custodial parent is under the influence of drugs or alcohol and calls law enforcement should use caution not to make frivolous accusations. The denial of child visitation rights are most commonly thought of as situations in which a custodial parent blatantly refuses to allow the non-custodial parent to see the child. If the custodial parent suspects that the non-custodial parent is abusing the child, or putting the child in danger, then the custodial parent should report this immediately, and act through legal venues to get the current visitation rights changed. Quotes and offers are not binding, nor a guarantee of coverage. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 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. If a custodial parent ever suspects that the non-custodial parent is drinking or under the influence when the parent arrives to pick up the children, the custodial parent may want to consider calling the police. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Managing Editor & Insurance Lawyer. A typical example of this scenario would be when a mother, who has full custody of her son, refuses to let the son get into his father’s car when his father comes to pick him up for his visitation period. 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. He earned a J.D. Men’s Rights Divorce & Family Law of New Jersey by Schultz & Associates, LLC for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Filing a police report will ensure that the noncustodial parent has proof of the denial when reported to the court, and will also show the court that the noncustodial parent takes the denial of these rights seriously. If the current custodial arrangement doesn’t work for the family, it may need to be revised. If the police arrive and determine that the non-custodial parent is under the influence the custodial parent will have prevented the child from being placed in danger, but if not, the false accusations and trauma caused could be reason for a court to find harassment by the custodial parent or other reason to change the custody arrangement in favor of the non-custodial parent. A custodial parent who denies the noncustodial parent his or her visitation rights may be held in contempt of court, and be fined and/or jailed.