Can you deny non custodial parent visitation if they have outstanding arrest warrants?

Answer 1

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:

• physical, emotional and sexual abuse
• excessive discipline
• failure to protect the child from abuse by others
• failure to report abuse of the child
• neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
• failure to provide proper medical care
• failure to provide day to day parental care
• serious illness or disability
• mental illness
• substance abuse or addiction
• Alcoholism
• criminal activity and/or associations
• incarceration
• conduct or conditions that are seriously detrimental to the child
• abandonment
• child endangerment
• leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
• a failure to provide adequate supervision
• unsafe living conditions
• a medical condition that makes it impossible for the parent to adequately care for the child

Answer 2

(in the US) Yes, that would be justifiable grounds for denying the non-custodial their visitation, even if the visitation was court ordered.

HOWEVER - if you know the whereabouts of the wanted non-custodial you cannot keep this information a secret from law enforcement in order to use it as continual justification to deny the visitation. To do so places you in the position of aiding and abetting the fugitive.

Answer 3

The following is general information only. You need to speak with a professional. You should visit the family court and ask to speak with an advocate. Although there is a current visitation order, if the father has outstanding warrants against him the children would be in danger under his care since he may do something dangerous to avoid being arrested. You need legal advice on what you need to do so the children do not need to go with him.

You should not allow him to take the children but you should act quickly to get the visitation order modified. It is unlikely he would go to the courthouse and file a contempt charge against you if he has outstanding warrants and could face arrest. However, if he engages in criminal behavior he may take other actions. You need to act as soon as possible to resolve your situation with the safety of you and your children being of the utmost importance.