Seven Reasons that are NOT Valid Reasons for Denying Visitation
1. The child is ill (unless the child is hospitalized or a physician has directed in writing that the child is not to go for visitation) or the visiting parent won’t giver medication or otherwise properly care for the child;
2. The child has other plans;
3. The visiting parent is behind in child support;
4. The child does not want to go/wants to stay home;
5. The parent wants the child to stay home;
6. The weather is bad; or
7. The child has no clothes to wear.
There are legitimate reasons for seeking a court order directing that visitation not happen and excuses for not allowing visitation, but these are the exception and not the rule and the time to seek legal advice is before the issue arises, not after.
The consequences of denying visitation can be severe, including compensatory time for the parent who was denied visitation and in extreme cases, the court may transfer custody of the child to the parent who was denied visitation.