ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Visitation/Access/Parenting Time

Under what circumstances may a court deny the noncustodial parent visitation?

A noncustodial parent is entitled to visitation unless there is harm to the child. For example, if the noncustodial parent has molested the child, is likely to kidnap the child, has a long history of domestic violence, or is likely to use illegal drugs or excessive amounts of alcohol while caring for the child, a court will probably deny or restrict visitation. Visitation might be allowed only under supervision, such as at a social service agency or in the company of a responsible relative. A parent should not deny the other parent visitation without advance approval from the court unless a true emergency exists, such as a noncustodial parent coming to pick up the child while drunk or under the influence of drugs.