In Phoenix family law, the rights of a noncustodial parent regarding visitation with their child are normally determined by family court and outlined in a child custody order. The courts try to reduce the emotional toll divorce can cause for children and parents by encouraging visitation with the noncustodial parents on a regular basis. However, there are circumstances when visitation is not necessarily in the best interest of a child, hence revoking the visitation rights of a parent.
Best Interests of the Child
In general, most family courts are reluctant to remove all rights to visitation between a parent and a child, as the child is the person whose rights are being determined. In intense circumstances, restrictions such as supervised visits can be ordered, if the court believes the safety or well-being of the child is in jeopardy. However, there are extreme situations that call for a court to determine a parent unfit for visitation with a child.
Modifying Custody Orders
Circumstances can take place that renders either parent unfit for visitation rights, as the courts make decisions based on the best interests of a child. If specific circumstances are presented to the court, a child custody and visitation order can be modified. For instance, if the custodial parent does not allow the noncustodial parent the court ordered visitation rights, both parents may need to go back to court, as this is a violation of the noncustodial parent’s rights, as well as the child’s rights.
When Visitation Rights are Revoked
There are very few cases in which family court will revoke the visitation rights from a parent. In cases wherein a parent has allegedly committed domestic violence or other crimes, the court may find that it is in the best interest of the child to revoke visitation. Non-payment of child support, however, is not a reason for the courts to take visitation rights away from a noncustodial parent. There must be compelling reasoning for the court to disallow the bond between a child and their biological parent.
We Are Here To Help
If a parent contests a custody or visitation case, family dynamics, and court determinations can become frustrating, stressful, and complicated. When visitation rights are violated, it affects not only the parent but also the child or children involved. Speaking with a Phoenix family law attorney can help you understand your rights regarding child custody and visitation, and how the law affects your circumstances. Contact or call our Tempe office today, 480.345.2652