Violation of a Visitation Agreement
Violation of a child visitation agreement can result in the court ordering a suspension of that parent’s visitation rights. Violating a visitation agreement may be an act that is in contempt of court which would allow the court to act to suspend that parent’s right to visit with his or her marital child and such action would be deemed to be in the best interest of the child due to the documented parental misconduct.
Right to Visit Marital Child
A non custodial parent does have a right to visit with his or her marital child and/or children after a divorce has become final. The court in some States will designate the terms of the visitation rights but those rights can also be based on a divorce agreement between the parties as sometimes encompassed in the final judgment of divorce. The non custodial parent’s right to visit with the marital child is always based on the best interests of the child and never on the best interests of the parent.
Suspending Visitation Rights
If the court finds that parental visitation poses any type of threat to the child or is detrimental to the child in any way then the parent’s visitation rights with the child can be ordered suspended indefinitely. Examples of conduct that could result in a suspension of parental visitation rights appear below:
- Failing to return the child to the custodial parent at an agreed upon time and place
- Visiting with the child while intoxicated on drugs or alcohol
- Threatening the child directly or indirectly during a visitation
- Abusing the child during a visitation emotionally or physically
- Allowing the child to engage in dangerous or risky activities during the visitation period
If a parent has a history of violent, dangerous, irresponsible, risky or abusive behavior toward the marital child then that parent may be limited to supervised visitations with his marital child or children. Usually any visitation by the non custodial parent would be required to be supervised at all times by another adult other than the non custodial parent. The adult would have to be approved by the court that ordered the supervised visitation and he or she would need to be present at all subsequent visitations with the child.
Getting Legal Help
If you or a member of your family violated a divorce visitation agreement clause and have lost the right to visit with the marital child as a result then it would be important to contact a divorce attorney to discuss the circumstance that caused the problem and to obtain guidance on the best methods available to seek a court order restoring some or all of your visitation agreement rights in accessing your marital child.