Law Offices of Matthew S. Schultz, P.C.
480-900-6032

Illegitimate reasons to deny visitation rights

Co-parenting can be challenging, as many divorced individuals in Arizona are well aware. Divorce can create hurt feelings and resentment. Some spouses use their children as weapons by denying visitation rights. Unless the non-custodial parent is putting the health or well-being of the child at risk, it is assumed that they have the right to visitation.

Resentment or hostility does not give the custodial parent the legal right to use their child as leverage. This behavior is not in the best interests of the child. A custodial parent who uses this tactic could face jail time, fines and even lose custody.

The non-custodial parent may live in a studio or have another living arrangement where there is not a separate room for the child. This is not a legal reason to refuse custody. Visitation and child support payments are two separate issues. A parent may be behind on child support, but this does not mean that they have lost the right to the agreed-upon visitation.

The child might not want to visit the non-custodial parent. There may be a legitimate reason for these feelings. Still, the custodial parent cannot use a child's resistance to visiting their other parent as an excuse for denying visitation. In these instances, both parents may need to talk to the child and explain the benefits of the co-parenting situation.

Child custody can be a challenging topic during a divorce. If a parent feels that his or her having custody of the child is in the child's best interest, they can speak to a family law attorney. The attorney may help them argue their position before a judge or help them create a visitation schedule that reflects their wishes. An attorney may provide their client with other pertinent information about divorce proceedings and custody issues.

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Law Offices of Matthew S. Schultz

401 W. Baseline Road, Suite 203 Tempe, AZ 85283 Phone: 480-900-6032 Map & Directions