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Written by Canterbury Law Group

Grounds to Deny a Father Visitation Rights

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The old tradition of one parent having physical custody and the other parent having visitation rights still exists today, but many courts are moving toward joint custody arrangements after divorce. This is especially true while your divorce is still ongoing and if one parent has moved out of the marital home – judges don’t like to upset a child’s present situation needlessly, so the parent who moves out might end up with visitation rights instead of joint custody until the divorce is finalized. Under certain circumstances, a court may deny visitation, but a custodial parent cannot do so on her own.

Court Grounds

Courts seldom deny visitation entirely, if at all, particularly in a provisional order while a divorce is still pending. Visitation may be denied after a trial during which custody is litigated as part of the divorce, but this would typically be the result of critical circumstances. As an example, in the state of Illinois, the statutes state that a parent has a right to acceptable visitation unless it can “endanger seriously” the child, either physically, mentally, morally, or emotionally. The appellate court in Illinois ruled in 1987 that even sexual abuse of the child was not grounds for denying visitation to a non-custodial parent since the court hadn’t adequately established that the abuse happened. Grounds for an absolute revocation of visitation must typically be grievous and verifiable beyond a doubt.

Supervised Visitation

Even though the courts are slow to deny visitation overall, they’re more inclined to order supervised visitation when contact with a parent might jeopardize the child. Supervised visitation includes a 3rd party being present to watch over the contact and protect the child if needed. California courts are willing to order this type of agreement for different reasons, especially regarding a likelihood of parental kidnapping, a drawn-out estrangement between child and parent, or in domestic violence cases. Illinois courts have arranged supervised visitation if the parent suffers from a type of mental illness, and Alaska will order them in cases of domestic abuse, but only if the parent has taken steps toward recovery. Alaska is a state that will refuse visitation when a parent has a domestic violence record.

Custodial Parents’ Rights

If you have major concerns in regard to your child’s safety, you’re not helpless. You can deny visitation on an individual basis due to an emergency, but you may need evidence to safeguard yourself from contempt of court charges if you do. As an example, if your spouse comes to pick up your child for visitation and he’s clearly been drinking, you don’t have to let her to get into the car with him. However, you should call the police, so you will have a record of the occurrence that you can later provide to the court when you voice your concerns, whether at a temporary hearing or included in your divorce trial. Even though you don’t have grounds to deny visitation completely, you can petition the court and ask a judge to do it for you. The burden of proof is always on you to establish that visitation is likely to harm your child, so you’ll need testimony and records of incidents that threatened your child’s well-being and welfare when she was in your spouse’s care.

Rehabilitation

Even if the court arranges supervised visitation or is denied in your divorce decree, it doesn’t mean the circumstances will never change. A lot of states will allow a parent who has been denied visitation to restore his rights through effective parental rehabilitation. This may include anger management classes, drug or alcohol abuse therapy, or other intervention plans. As you can request the court at any time to stop visitation, your spouse can request to re-establish it if he can prove good cause.

Can Arizona Court Deny a Father Visitation Rights?

What Are Some Common Reasons a Parent Is Denied Visitation Rights?

When two parents are separated or divorced, the custodial parent occasionally prevents the non-custodial parent from employing his or her child visitation rights. If you are a non-custodial parent that has been denied visitation rights that you once had, there are some simple reasons why you were denied your visitation rights:

  • You’re a non-custodial parent and are not paying child support
  • Objection of other parent’s relationships, like a new mate
  • Drug and/ or alcohol abuse
  • Incarceration due to child abuse
  • Abduction fears
  • Religious belief differences
  • Child’s desires

If there is a custody order in effect, denying visitation is illegal and can have serious legal consequences for the parent who refuses visitation. In some jurisdictions, a custodial parent may deny visitation if visitation with the non-custodial parent would risk exposing the child to direct bodily injury or emotional abuse. In addition, the custodial parent must also take particular steps before denying visitation, like getting a hold of the appropriate authorities. This is only allowed in exceptional circumstances.

Sources

ARS 25-414 Violation of Visitation and Parenting Time Rights.” Stewart Law Group, https://www.arizonalawgroup.com/arizona-family-law-statutes/ars-25-414-violation-of-visitation-and-parenting-time-rights/

Bird, Beverly. “Grounds for Denying Visitation Rights.” LegalZoom Legal Info, 21 Nov. 2017, https://info.legalzoom.com/grounds-denying-visitation-rights-26246.html.

Speak With Our Father’s Rights Attorneys In Scottsdale

Our Father’s Rightschild custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

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Written by Canterbury Law Group

Child Visitation Rights For Fathers

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In family law, the rights of fathers often involve a father’s visitation rights and the custody of his children.

Though the laws of each state vary, fathers usually reserve their right to custody and visitation without exception. Issues like paternity tests or a child’s surname on the birth certificate are usually more state-specific.

A father’s right to visitation basically means that the biological father has the right to spend time with the child during a given time. In the case of divorce, a divorce decree defines the rights and responsibilities of each party at the dissolution of marriage. It encompasses many important facets of a divorce proceeding, including child support, child custody, and the father’s visitation rights.

Father’s Rights include:

  • The right to visit the children at a specified time
  • The right to plan activities with the children
  • The right to be free of the mother’s monitoring during visitation times
  • The right to spend the entire assigned time with the children, with no infraction
  • The right to a mandate to stop the mother from taking the children out of state
  • The right to revise the divorce decree

Revising the divorce decree usually happens when the visitation schedule needs to be changed, or if a party has a problem with the other due to an issue over the agreement.

Modification of Father’s Visitation Rights

Visitation rights are generally altered due to changing situations. If a party is moving, or a work schedule was altered a modification might be required. If the child’s requirements have changed, or a third party (a grandparent) is asking for the rights to visit, then the parents can propose the changes to the court prior to acting on a new agreement. If one party acts before the court’s approval, a violation of the visitation order may happen, followed by severe consequences.

Father’s Rights Enforcement

Visitation rights are not automatically granted to the father. If you’re looking to declare your visitation rights, be ready to endure a thorough examination by the court. Before appearing before the judge, it is a wise decision to talk with an attorney. The court may evaluate your relationship with your child, your overall mental health, and your background. Any history of criminal activities, cases of domestic violence, or abuse may also influence the court’s ruling, as can substance abuse allegations leveled against you.

Do I Need an Attorney to Enforce Father’s Rights?

State laws differ when it comes down to the visitation rights of a father. Because cases involving family law can be time-consuming, exhausting, and emotional, it is highly advisable that you talk with an attorney near you. A knowledgeable and experienced family law lawyer can guarantee that your rights to visitation are protected, and can assist with any other issues that involve your case.

Source: Tipton, Sarah. “Visitation Rights for Fathers.” LegalMatch Law Library, 14 Aug. 2018, www.legalmatch.com/law-library/article/visitation-rights-for-fathers.html.

Speak With Our Father’s Rights Attorneys In Scottsdale

Our Father’s Rightschild custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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Written by Canterbury Law Group

What Are The Chances Of A Father Getting Full Custody?

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If you are wondering what the chances of a father gaining full custody of his children are, keep reading to learn more about a father’s custody rights!

“It seems so hopeless as a single father to get full custody of my kids.” “Do I have the same parental rights as their mother?” “Am I going into this at a disadvantage, or do I have to go to court?” These are real questions single dads across the U.S. are asking. Before you give up on getting full custody of your kids, here are the answers single dads need to know.

What Is The Difference Between Full Child Custody and Joint Child Custody

Full custody is commonly referred to as sole custody. Parents who want full custody rights need to know the differences between what full custody is and what joint custody is. In the end, most courts grant both  parents joint and equal custody of a child.

  • In a joint custody situation, parents share their physical and/or legal custody of their child.
  • However, in a full custody situation, only one parent has the sole responsibility for their children.

If The Father Is Single Can He Still Get Full Custody?

The courts consider it preferable for both parents to share custody of their children, there can be circumstances where the courts would consider granting full custody to only one parent. Additionally, the courts are not allowed to show any prejudice against fathers, so if they can show that they’re better suited as a parent, they do have the chance of getting full custody. But they should also be prepared for a difficult child custody battle if the child’s mother also plans to file for full custody.

Full Custody Right Factors Considered By the Courts

Those parents who want full custody rights should know what to expect prior to their court proceedings. A court will determine the following factors in deciding which parent should gain full custody rights:

Paternity: A father who is interested in gaining full custody of their child should have proven their paternity of the child. A father can establish paternity by signing the child’s birth certificate or by acknowledging paternity during paternity proceedings in court, or after court ordered genetic testing of both parrents’ DNA.

The father’s relationship with the child: A judge will examine the parent’s relationship with the child, prior to granting them full custody rights. The father should be prepared to answer questions regarding his relationship with the child during their child custody proceedings. A judge will also inquire about past regular visitation.

The child’s relationship with his/her mother: A court will be hesitant to interrupt a child custody arrangement that is working, particularly if the child’s mother is the principal caretaker of the child. For instance, a court would consider changing the custody arrangement if they feel the child is in danger, or if the child’s mother is suffering from a mental illness or if the child’s mother is taking drugs or abusing alcohol. A father who desires full custody of their child should be prepared to prove that a substantial  change in circumstances justifies a complete change in custody.

A father who wants full custody rights of their child should be aware that the courts will often offer ample visitation rights to the child’s mother, as the relationship with both parents is deemed to be in the child’s best interests. For more information about gaining full custody rights, fathers should refer to the child custody laws of Arizona and find additional sources about how they can gain custody of their child.

Source:

Washington, Debrina. “Can a Father Get Full Custody of a Child?” Verywell Family, Verywellfamily, 27 Sept. 2018, www.verywellfamily.com/how-can-fathers-get-full-custody-2997129.

Read More About:

What Rights Does a Father Have To See His Child?

Child Custody Battles Between Unmarried Parents

Child Custody Rights For Mother’s

Family Law & Child Custody Information

Tips For Fathers Trying To Get Custody

Tips For Fathers Going Through Divorce In Scottsdale

Understanding Parenting Time Under Arizona Law

Child Custody Laws In Arizona

Speak With One Of Our Divorce Attorneys In Scottsdale

Our Father’s Rightschild custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation! 480-240-0040.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.