Withholding Visitation in a Custody


Is it legal to withhold visitation from a parent if there is no custody agreement?

It's common for couples without child custody agreements to argue over access to the children. However, the law treats visitation rights as a matter of contract rather than a matter of law. This means that if you have no legal agreement, you can't take your ex to court for denying your visitation time with the children.

Visitation Without Custody Agreement

In some states, no law prohibits parents from withholding visitation with their children if they do not have an official custody agreement. The law states that if the parents are not separated, they have joint legal custody of their children and, therefore, can decide how to raise them.

If parents have joint legal custody, they have equal decision-making power regarding the child's upbringing, healthcare, and education. The only exception is when one parent has been deemed unfit by the courts.

Withholding visitation is typically considered a violation of a court order or family law judge's order (unless done in accordance with the court's orders). It may be considered parental kidnapping and punishable by criminal prosecution or civil action.

Law in Other States

In other states, visitation agreements are necessary for any situation where there is no joint custody agreement. When you are going through a divorce, it is important to work with your spouse to ensure that the visitation schedule is fair and reasonable. If you do not have an agreement in place, you will be forced to go to court to get an order for visitation.

If you feel you have been unfairly denied visitation with your children, you can consult an experienced attorney to discuss your options.



Child Custody Attorney Free Consultation

If you are looking for a legal advice about child custody agreement and visitation rights or in need an attorney, call this law firm for free consultation. We have the Best Attorneys in Utah.

Ascent Law LLC

8833 S Redwood Road Suite C

West Jordan UT 84088

(801) 676-5506

https://www.ascentlawfirm.com

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

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