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Can you refuse visitation if you feel your child is in danger?

On Behalf of | Nov 25, 2019 | child custody |

When the Michigan courts assign visitation, they do so with the express purpose of ensuring the child or children involved maintain regular contact with the non-custodial parent. However, what looks good on paper does not always work out in real life. This is often the case when one parent has a history of domestic violence or drug or alcohol abuse. If you fear that your child is in danger when with his or her other parent, you may want to know if you can deny the other parent visitation. According to Verywell Family, the answer depends.

If you want to deny visitation to the other parent, you must have a legitimate reason for doing so. Simply “disliking” your former partner is not a good reason. However, if you have reason to believe that your child is subject to physical or sexual assault when with the other parent, it would be in his or her best interest to keep him or her home with you.

In some states, a parent may refuse visitation if the other parent’s living situation is dangerous. In Michigan, you can deny visitation if your child says he or she does not want to go.

Be aware that refusing visitation is a violation of the court order. Going against the court order may have civil repercussions. To avoid penalization, make sure the danger is real and, if possible, that you have the evidence to back up your claims. Once you decide to refuse visitation, consult with an attorney right away. You will need to go before a judge to make your case and have him or her modify the court order accordingly.

The information in this article is for educational purposes only. You should not use it as legal advice.