It depends on the court, the state, the county and the judge. From personal experience I have learned that once a parent enrages the judge (whether legal or not) that judge has a significantly higher likelihood of ruling in the opposite parents favor just because you made them mad and nothing can be done unless that judges decision is appealed.
Visitation can be denied because the child is placed into the system and it is not (at that time) in their best interest, a judge can deny visitation if the non-custodial parent has been found to engage in serial physical/emotional/sexual abuse/parentel alienation/drug abuse, etc. Visitation can be denied if the other parent is a sex-offender with a high likelihood to re-offend, the parent is in jail or prison, or the parent is uninvolved.
Also if the parents were never married EVEN IF the father signed the back of the birth certificate (paternity affadavit) registered in the putative father registry the mother still maintains sole custody of said child until the father goes to court and establishes legal custody. In these cases the mom (unfortunately) can do whatever she wants. She is not required to let you see your kid(s) by law. You are not entitled to report cards, health records, input in major decisions, nothing when a mom has sole custody you have about the same rights as joe blow with no relationship to your kid(s).
Visitation can be denied if the parent is deemed to be unfit by the court. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
Yes, the father have to go to court to get visitation or custody.
The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.
The father might seek visitation and/or custody.
If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.
yes biological fathers may seek visitation and custody rights
Okay, cool.
If you are not married and there is no custody or visitation order, she has custody automatically. The father have to prove paternity in court by a DNA test and then petition for custody or visitation. He can then also pay child support.
The mother. The father have to petition the court for visitation right and custody.
The mother. The father have to petition the court for custody or visitation right.
You have the visitation rights that were established in the divorce, and you have no custody rights.
You do not have the right to deny visitations but if you do, the father can and should request a court hearing to establish his paternity and get visitation rights. He can request custody or joint custody and the court will render a decision. If the child is to remain with the mother the court will set up a child support order and the father can file contempt charges if the mother withholds visitation or violates the visitation order in any other way.
I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.