"Normally the court isn't going to rule in favor of a parent who violates a custody and visitation agreement. And in general, getting a good night's sleep is part of a healthy lifestyle. Visitation rights are important; not … A custody order describes how custody will be handled; whether you’ve got sole or joint legal custody, and whether physical custody is primary to one parent, shared, or split. The unequivocal and clear meaning of the statute identifies two different circumstances in which a parent can be denied visitation, and the disjunctive term “or” in N.C.G.S. Many states also include interference with parental rights in their criminal laws. DEFINING “DENIAL” OF CHILD VISITATION. In such instances, the trial court must determine custody using the ‘best interest of the child’ test.” Id. Courts assign visitation for the purpose of encouraging non-custodial parents to maintain regular contact with their children. Those two conflicting opinions are Moore v. Moore, 160 NC App 569 (2003)(because a complete denial of visitation is ‘tantamount to a termination of parental rights’, the trial court must apply the constitutional analysis set forth in Petersen and Price before reaching a decision about a child’s best interest) and Respess v. Respess, 232 NC App 611 (2014)(the constitutional analysis set forth in Petersen and subsequently clarified by Price v. Howard, 346 NC 68 (1997), applies in cases between a parent and a non-parent and has no application in custody cases between two parents). Therefore, at the time that visitation is denied, you should have an independent party witness the denial. If the visitation that is suddenly denied has always been part of an informal arrangement with the custodial parent, the non-custodial parent could file with the local family law court a request for visitation order. Therefore, no constitutionally based presumption favors, custody for one parent or the other nor bars the award of full custody to one parent. Emily is a fact checker, editor, and writer who has expertise in psychology, health and lifestyle content. Jennifer Wolf is a PCI Certified Parent Coach and a strong advocate for single moms and dads. See also Hinson v. Hinson, 836 SE2d 309 (2019)(trial court must identify the nexus between the facts found and the welfare of the child), and Paynich v. Vestal, 837 SE2d 433 (2020)(order denying a parent access to child’s school and medical records must directly link that restriction to the welfare of the child). You may be left feeling hopeless and wonder exactly what you can do. However, what looks reasonable on paper doesn't always work in real time, leaving many parents wondering, "Can I refuse to send my kids for court-ordered visitation?". However, you should also consider whether your concerns are more like preferences. If the judge feels that visitation should be modified, they can order a number of corrective actions, such as making visitation contingent on the non-custodial parent locking guns in a child-proof safe or attending drug and alcohol counseling. Letting your ex know upfront what they can do to alleviate your concerns could get your family's visitation schedule back on track. at 145, 579 S.E.2d at 266–67 (citations omitted). In addition to custody orders, the … The court stated that in Owenby v. Young, 357 NC 142 (2003): “we acknowledged the Petersen presumption and reaffirmed that “unless a natural parent’s conduct has been inconsistent with his or her constitutionally protected status, application of the ‘best interest of the child’ standard in a custody dispute with a nonparent offends the Due Process Clause of the United States Constitution.” Id. In such cases, you would need to demonstrate that visitation poses a threat to your children. Can a Parent Withhold Visitation for Unpaid Child Support? The Petersen case. Janelle fears for her kids' safety when she sends them for visits because of her ex's history of. While the trial court is not required to conclude that a parent has lost his or her constitutional rights due to conduct inconsistent with the parent’s protected status, the findings of fact supporting no visitation or supervised visitation must be sufficient to establish why such a significant limitation is in the best interest of the child. The best witness is the local police department. The trial court awarded sole physical custody of the children to Mr. Routten after mother repeatedly failed to provide the neuropsychological evaluation ordered by the court. Due to this lack of information, the custody order simply continued the supervised visitation schedule originally set in a temporary custody order because there was no evidence indicating this visitation had not worked to the benefit of the child in the past. However, the Moore court misapplied our decision in Petersen. The supreme court disavowed the holding in Moore v. Moore, stating: “The majority decision of the Court of Appeals in this matter went astray due, to its reliance upon Moore. Visitation rights may be determined by the agreement of the parents or by a court order if the parents cannot agree. A “Show Cause” proceeding may be either criminal or civil in nature. Read our, Verywell Family uses cookies to provide you with a great user experience. Courts are making it clear that denying visitation during this time won't be tolerated and may result in contempt of court and sanctions. Published 2012. The court shall consider and may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody. In Routten v. Routten filed on June 5, 2020, the NC Supreme Court resolved this conflict and held that custody cases between parents do not implicate the parents’ constitutional right to exclusive care, custody and control of their children that the trial court must consider in cases between a parent and a non-parent. Even if the issue gets resolved before your next court date, it's important to keep up-to-date documentation to support your child custody or visitation case. § 50-13.5(i) establishes that either of the circumstances is sufficient to justify the trial judge’s decision to deny visitation. Medical experts agree that social distancing will help slow the spread of COVID-19. Court will seek to enforce visitation orders general, getting a good denied visitation with court order 's sleep is of. 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