Is Withholding A Child From Visitation Against The Law?

When Do You Have Visitation Rights?

Mississippi courts tend to prioritize both parents being involved in a child’s life unless there are concerns about the safety and well-being of a child while in the custody of one of the parents. You will likely have the right to see them.

If you do not live with your child and aren’t the parent with primary custody, you will typically have visitation rights. After being granted visitation rights by the court, the custody agreement usually outlines some sort of schedule or plan for how the visitation will play out. The specificity of a custody agreement will depend on each case. While more specific agreements are recommended, some people prefer to be less specific. 

It’s important to note that being granted visitation rights does not mean a parent will always have visitation rights. Visitation rights can be taken away if the court decides that the parent poses a danger to the child.

Visitation Rights Through Custody Agreements

Even though courts tend to rule that both parents have a right to have a relationship with their child unless there is a custody agreement, parents don’t have any legal obligation to allow visitation or return the child. Without an official custody agreement, the parent who physically has the child with them will always have the upper hand when it comes to custody.

If you don’t have an official custody agreement, you should contact an attorney as soon as possible to start the process of creating one. Even if your relationship with your ex is currently on good terms, without a custody agreement, nothing is stopping them from keeping your child from you if things were to change if you are not the primary caregiver.

How Do You Get Court-Ordered Visitation?

If you are married to the other parent of your child, visitation is traditionally decided as part of the divorce proceedings. If you were never married to your child's other parent, getting court-ordered visitation can be more difficult, although a necessary step to protect your parental rights. Before filing a request for a custody order, you may need to establish your paternity first. 

Jason Campbell has experience helping parents going through a divorce or establishing paternity protect their parental and visitation rights. If you’re facing a situation where you believe your ex may deny you visitation with your child, contact us today.

When Can a Custodial Parent Withhold Visitation?

If a custody agreement involves visitation, a custodial parent cannot legally withhold visitation and must comply with the agreement’s visitation rules. Changes to visitation rights have to go through the courts, and decisions by custodial parents to withhold visitation can be a violation of a visitation order. 

For a parent seeking to get rid of the visitation rights of another parent, they will have to go to court. Judges usually won’t deny or suspend visitation rights unless there is evidence a parent has engaged in behavior that endangered the child physically or emotionally. 

If a judge has concerns about a parent’s behavior, they may apply visitation conditions. This can mean a variety of things. A few examples would be requiring supervised visitation or a breathalyzer before visitation. If certain goals are met, these conditions may be removed after a period of time.

You have some legal rights to withhold visitation if the parent would put the child in immediate danger of serious harm. For example, if they show up to pick up your kid visibly drunk, you are allowed to stop them from driving away with your child. This can be difficult to navigate because you don’t want to be viewed as creating a custody visitation violation and unnecessarily withholding visitation. Still, you also need to keep your kid safe. If you are dealing with visitation issues like this, you should contact an attorney to make sure that you are legally protected. 

You should contact an attorney immediately if you suspect abuse or domestic violence. You must still go through the proper legal procedures to seek an emergency protective order to keep your child safe.

Talk to a Child Custody Attorney

Child custody and visitation can be difficult to navigate, especially if the relationship between the parents is bad. Working with an attorney can help mediate custody discussions while ensuring your rights are protected and advocated for.

If you are looking for an experienced child custody attorney who will fight for the best interests of you and your child, contact Jason Campbell today.