How to Deny Father Visitation Rights

In order to deny a father visitation rights, steps must be taken to manage the process through a court.  Failure to do so can lead to significant legal issues for the custodial parent, possibly affecting the ability of that parent to care for the child properly.

1. Determine the reason for denying father visitation rights.  Courts will often recognize reasons such as abusive behavior toward the child, lifestyle issues that could present a real and present danger for the child, or evidence of some form of substance abuse.  Keep in mind that proof that these situations exist will be necessary in order for the denial to be granted.


2. Obtain the proper documentation to file the request for a denial of father visitation rights. Many courts have specific forms that must be filled out and filed with the court in order to suspend the visitation privileges. Fill out the form in full, including the name of the custodial parent, the name of the non-custodial parent, and the name of the child.  Also include specific details on why the motion to deny visitation rights is being file, citing examples that support the claim.


3. Include any other documentation that supports the reason for denying father visitation rights.  This can include a written statement from a therapist, a recent arrest record concerning activities of the father, or similar verifiable sources that help to clarify why allowing the visitation in not in the best interests of the child.


4. Prepare for the court hearing.  If the motion is accepted, a hearing date will be set.  At the hearing, both the custodial and the non-custodial parents will have the opportunity to present their sides of the issue.  At that time, the judge overseeing the hearing may make a decision immediately, or take the matter under advisement, pending additional consideration of the merits of the case. 


5. Follow the directives of the court.  Do not begin to deny father visitation rights to the non-custodial parent until the court approves the suspension of those privileges.  Should the court determine that supervised visits with an officer of the court would be acceptable, cooperate fully with the officer and with the father to make sure the visitation privileges are honored.  In the interim, if you are not comfortable with the court’s decision, seek the counsel of an attorney for additional legal action.