Can I Deny Visitation if There is No Court Order?

Can I Deny Visitation if There is No Court Order

When talking about child custody and visitation, some parents may be wondering whether or not they can deny visitation if there is no court order in place. In these situations, it is important for them to understand their legal rights and obligations because the decisions made during this time can have consequences even in the future. Find out what happens when there is no formal court order and what a parent can or cannot do regarding visitation.

Overview of Legal custody and Physical Custody

Before finding out about whether or not it is allowed to deny visitation if there is no court order, it is better for you to learn about legal custody and physical custody. Do you know their definitions and what sets them apart?

Legal custody is defined as the authority to make big decisions about the life of the child. These include education, health, welfare, and religious belief. Meanwhile, the term physical custody refers to the right to determine the place the child will life and who will care for them every day. This one includes traditional schedules, extended weekends, and block scheduling.

Sometimes, both parents share legal and physical custody. In some other cases, only one parent has sole custody. If there is no court order, technically, both parents have the equal rights to the child, even though the child lives more frequently with only one parent.

Is It Okay to Deny Visitation If There is No Court Order?

In general, both parents have the same rights to see and care for their child if there is no court-ordered custody arrangement. From this statement, it can be concluded that theoretically, one of the parents is able to take the child or deny the request of the other parent to see their child as long as there is no court order that arranges the visitation.

On a popular forum called Quora, there is a thread that discusses the possibility of a parent to refuse an invitation with the other parent if there is no court order. Here are the responses from the users:

  • Elliott Whitlow

“In the absence of a court order BOTH parents have EXACTLY the same the same powers and rights. What this means is that YES, either parent COULD refuse visitation but such refusals are typically VERY problematic when you go to court. Be expecting to be asked WHY, and expect to provide a VERY detailed and cogent explanation. And expect that explanation to be largely (if not entirely) discounted because it is almost always based on your anger as opposed to an actually reasonable explanation.

If you refuse parenting time, which is what it is, you should have a very rational and considered reason. Regardless of a court order if you ACTUALLY BELIEVE the child would be unsafe I would argue you have a duty to refuse. If you do refuse (with or without a court order) you should expect that at some point to be called into court to explain yourself, and have your decision reviewed critically and with suspicion.

The older a child gets and the longer you deny parenting time could be problems all on their own. Think of it this way, as a child gets older situations that would have been wholly unsafe are no longer even remotely unsafe, this means that the denial for those reasons are not reasonable or rational, they might paint a picture of a bad parent when the child was young, but paints a different picture of the parent denying parenting time. Further, you might be right to deny such time for a period of time, but the longer that drags on the harder it is to justify. If you regularly go too far, expect that to go badly for you in court since it shows a pattern of going too far too often.

Short answer, yes, but use extreme caution and expect to have to explain yourself in court and that your answer better be based in the real world and if it isn’t CLEARLY based in such a world for it to go badly for you.”

  • Kadie Carter

“If there is no court order, then custody hasn’t been decided. Can you refuse visitation? Sure. The other parent can however file for custody first and you would have to fight to get it back. If there is a concern for the child’s safety, then you need to get a protective order to cover yourself and the child. If there is no safety order and you just do not want to share custody, that harms no one but your child. You opted to have a child with this person, and the child deserves to have access to both parents even if you do not get along. If you are grown enough to care for a child, you are grown enough to act civil with each other for the childs benefit.”

  • Kiriakoula Constantine

“Probably, but why would you refuse visitation for the other parent. How would you like it if that was done to you, and why would you want to deprive your children of being with and spending time with their other parent.

Whatever went on between you both should be contained, it has nothing to do with the children, and their welfare and time with both parents shouldn’t be disrupted, and I don’t believe that one parent has the right to stop the other from seeing their own children.

So unless the other parent is or has abused the children they should have access, and you as parents need to sort out your differences and not allow them to spill over into your children’s daily lives, keep your squabbles, arguments and fights to yourselves, your children shouldn’t be subjected to them at all.”

  • B Kind

“Your refusal to let the parent visit the child can be a matter of dispute in the court. It could be a costly affair for both of you. Unless you have any serious safety concerns (criminal offence in the police records linking the other parent) towards the child you should not refuse.”

  • Joy Stinson

“That kind of question makes it seem like the parent who would do that does not put the child’s best interest first.

if you refuse visits, you’d better have a good LEGAL reason to do so. The court could find that you’ve alienated the child from the other parent.”

  • Been There, Done That

“Why is there no court order? Of you were never married (and your name may or may not be on the child’s birth certificate) then go to court.

Take a paternity test and get your visitation rights legally established.”

Things to Consider

It is worth noting that just because it is possible to deny visitation does not mean you should do it. Please consider the things below:

  • Best interest of the child

Child should be the main focus in the child custody case. This is what the court always have in mind. If there is no strong reason when denying visitation, such as the safety of the child is at risk, the one who denies it may face consequences in the future custody proceedings. That’s why it is recommended to care about the interest of the child by showing a willingness to cooperate and facilitate a relationship between the child and the other parent.

  • Potential consequences

Think about the consequences that you may get if you deny the visitation, such as you may have to face legal issues if the other parent decides to seek legal intervention. If the visitation is denied, do not get surprised if the other parent files for an emergency custody order or seek legal enforcement. If this happens, it can result in an official court-mandated schedule. If a judge thinks that you are being unfair by withholding the child, you may get a penalty in the future custody decisions.

  • Communication and documentation

If you are concerned about the situation, you are recommended to document any attempt made by the other parent to visit the child. Besides, it is also important for you to open communication with the other parent for the sake of the child. If something does not seem right when you two communicate directly, ask someone to be a mediator.

  • Safety concerns

If you think that the other parent can do something harmful to the child and can put the child in danger, do not wait and seek legal advice right away. If abuse, neglect, or other safety concerns are involved, emergency custody orders or protective orders may be issued by the courts.

Can Denying Visitation Be Justified?

Denying visitation is not recommended as it can lead to consequences. However, it can be justified even if there is no court order, such as in cases like the followings:

    • If the child is not in a good condition, for instance ill or in need of medical care, it is fine to postpone visitation. Just talk to the other parent nicely. Ask that person to focus on the well-being of the child.
    • If you think that the visit can put the child in danger because you have found evidence of abuse, drug use, or criminal activity by the other parent, you can ask for the visitation to be temporarily withheld.
    • If the other parent cannot provide a stable environment, such as they do not have a place to live in or do not have suitable housing, it is allowed to reconsider visitation.

Bottom Line

In conclusion, it is possible for you to deny visitation if there is no court order. However, you are not suggested to do it if there is no valid reason because it can lead to consequences. As stated before, always put the child as the top priority. Think what is best for them because they deserve the best thing.

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