Sometimes, non-custodial parents are granted visitation despite being unfit to take care of the child. Here’s how to stop supervised visitation in California.
A parent cannot withhold visitation under any circumstances. Visitation agreements are legally binding, and the custodial parent must allow their child to visit the other parent no matter what else is going on. The only way to modify custody and visitation agreements is to go through the court and prove that the non-custodial parent is unfit to have visitation time with the child.
Visitation Agreements are Legally Binding
During a divorce process, parents create a custody and visitation agreement that is submitted to the judge. Once this agreement is approved, it becomes a legally binding document. If either parent decides to go against the agreement at any time, they are considered to be in violation of a court order.
This means that if the custodial parent wants to stop the non-custodial parent from having supervised visitation with their child, they cannot just withhold that visitation themselves. Regardless of the relationship between the parents, the custodial parent cannot withhold the non-custodial parent’s visitation rights for any reason. In order to stop supervised visitation, the custodial parent must go through the court system to change the custody and visitation agreement.
Related: How to Modify Child Custody in California
In addition, a judge will not just agree to change a custody and visitation agreement and stop supervised visitation just because the custodial parent wants them to. Since the court keeps the best interest of the child in mind, they will often create some sort of agreement where the child has a relationship with both parents. This typically occurs unless there is significant evidence on why the non-custodial parent should be denied visitation. A custodial parent will have to prove that the non-custodial parent is unfit or dangerous in order for a judge to side with them. Here are some things that could help a custodial parent’s case:
- Witnesses have seen the non-custodial parent or others in the household abuse the child.
- The non-custodial parent has abused alcohol or used illegal drugs in front of the child.
- The non-custodial parent or others in the household have either injured or sexually abused the child.
- The non-custodial parent has existing or pending criminal convictions.
This is not an exhaustive list of reasons as to why a judge would terminate a non-custodial parent’s visitation rights, but these are the ways that will almost always cause a judge to end supervised visitation.
Related: Supervised Visitation in California: What You Need to Know
FAQs About How to Stop Supervised Visitation in California
Can visitation be withheld if the non-custodial parent is not paying child support?
Even if the non-custodial parent is not paying their child support, visitation should not be withheld for any reason. If an issue like this arises, the custodial parent should continue visitation as outlined in their agreement and take the issue of unpaid child support to a family law court. If the judge sees that the custodial parent has taken matters into their own hands in any way, the custodial parent will be punished, and might not get what they want in the end. The best way to ensure that child support is paid is to follow all divorce and custody agreements and let the court handle everything else.
Can I get in trouble if the non-custodial parent does not pick up the kids for visitation?
A custodial parent cannot force a non-custodial parent to exercise their visitation. If the non-custodial parent never shows up for visitation, the custodial parent will not be at fault as long as they did everything they were supposed to do in supporting the transition into the visitation schedule. Additionally, if there is no supervisor present for a supervised visit, then the visitation cannot take place. As long as the custodial parent is not at fault for there being no supervisor for the visit, the custodial parent will not be at fault or in legal trouble for the lack of a visit.
Related: What are Supervised Visitation Violations in California?
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