When Can You Deny Visitation to the Non-Custodial Parent?

Picture this: You’re in the middle of a contentious divorce and the judge has approved a temporary parenting plan for you and your ex to follow. As far as parenting plans go, it’s relatively straightforward, but unfortunately, things are off to a rough start.

It seems your ex has misinterpreted something somewhere along the line because instead of following the visitation schedule, your ex is pretending it doesn’t exist.

You’re probably wondering, “When can you deny visitation to the noncustodial parent?” You may even be wondering, “Can a parent deny another parent visitation?”

I understand your frustration. However, there are few instances - contentious divorces included - where one parent can deny visitation to another parent without jeopardizing their own parental rights in the process. This article considers these limited scenarios and outlines the lawful steps a concerned custodial parent can take to protect their child from harm.

Can a Parent Refuse Visitation?

First, it would be wise to ask if a parent has the legal right to deny another parent visitation rights. Without a court order, no. 

A parent has no legal authority to change parenting time orders since Colorado law prioritizes the child’s well-being over the parents’ preferences. 

The Best Interests of the Child, Explained

The best interests of the child doctrine is the guiding principle in every family law case involving kiddos. When a judge discusses the best interests of the child in a custody matter, they’re referring to a section of the Colorado Revised Statutes that, in essence, explains what it means to co-parent. 

Successful co-parents will set aside their differences to raise their children effectively. In many ways, Colorado law asks co-parents to be selfless, which can be a tall order for two people who generally don’t like one another. However, Colorado law requires co-parents to encourage their kids to have a meaningful relationship with their other parent, despite separation or divorce. C.R.S. 14-10-124

The best interests of the child was first mentioned in a Colorado case in 1973. However, this legal concept was a guiding principle for many years before then and continues to be central to custody arrangements today. 

This legal doctrine is supported by countless studies that show family connectedness and parental support contribute directly to children’s happiness. 

The Allocation of Parental Responsibilities 

Co-parenting involves the allocation of parental responsibilities (APR). APR is a legal arrangement that seeks to distribute custody between two parents. Parental responsibilities include how much time a parent spends with their child and how major upbringing and welfare decisions are made. 

Given the weight that the court places on parental involvement, you should have a better sense of why it is controversial to deny visitation to a parent. 

Can a Legal Guardian Deny Visitation? 

Legal guardians assume parental responsibilities when a parent is not permitted to see their child. Naturally, legal guardians may wonder, “When can you deny visitation to the non-custodial parent?” The answer might surprise you.

A legal guardian in Colorado can block a parent’s visitation if a judge decides it’s in the child’s best interest. This is most common when the parent presents a safety risk to the child. If interactions are deemed harmful to the child by the court, a legal guardian may be able to deny visitation to the non-custodial parent. 

However, there are some limitations to what a legal guardian can and cannot do. For instance, legal guardians can’t deny a non-custodial parent access to a child without a legitimate safety concern. 

Reasons to Deny Visitation

There are many reasons why a parent may want to deny visitation to the other parent, but the reasons must align with Colorado’s legal standards. 

To deem a co-parent unfit, the court requires proof of the following: 

• Clear and convincing evidence that a parent is unfit

• Rehabilitation efforts weren't successful

• Demonstrate the conduct or condition is unlikely to improve

The law presumes parents are fit, and courts need a reason to suspect otherwise. The court will consider all relevant factors in determining parental unfitness, including: 

• The parent’s conduct

• The child’s needs

• The potential harm to the child if the co-parent retains custody

The following are reasons for a court to deny visitation rights on your behalf. 

1. Addiction or Substance Abuse

Consuming alcohol in excess, using illegal substances, or abusing prescription drugs are valid reasons to want to deny your co-parent their visitation rights. 

Unfortunately, you cannot unilaterally deny visitation to the non-custodial parent, even if you suspect substance abuse. The court will decide whether the allegations have merit and what steps to take if they are. 

In order for the court to revoke or restrict your co-parent’s parental rights, it must determine that visitation would be detrimental to the child’s health and safety. 

The good news is that you can bring your concerns to the court's attention or your county’s Department of Human Services, which can investigate the matter. 

2. Neglect of a Child

Neglecting a child is counterintuitive to Colorado’s best interest of the child standard.  The courts measure child neglect by your co-parent’s ability to provide for your child’s best interests consistently. Child neglect can look like different things: Food insecurity, homelessness, and poor hygiene.

Like addiction and substance abuse, you must go through the proper legal channels to remove the child from the neglectful environment. 

3. Child Abuse

Unfortunately, because of how this particular Colorado law has been written, denying visitation based on suspected or confirmed child abuse is not as straightforward as it would seem. 

That being said, there is no question in my mind that a court wouldn’t want to investigate such an allegation further. Because the court’s primary consideration is the child’s health and safety, the court would not hesitate to revoke parental rights if visitation is counterproductive to its primary objective. 

Matters involving child abuse often involve the police and the Department of Human Services. Either group may initiate legal proceedings that would limit the other parent’s parenting time. Regardless of their decision, you can independently seek the court’s intervention if you have concerns.

4. Domestic Violence

When it comes to the best interests of the child, domestic violence refers to violence or threats of violence used to control an intimate partner. Children who witness or experience domestic violence are susceptible to long-term psychological effects. 

Children exposed to incidents of domestic violence involving their parents can be removed from their homes and placed into protective custody. 

If your co-parent is abusive, getting a temporary restraining order and petitioning the court to modify their parental responsibilities are important steps you can take to keep your child safe. Note that once there are allegations of domestic violence, you also need to prove to the court that you can keep your child safe. 

Can You Deny Visitation if the Parent Has Warrants?

Knowledge of an arrest warrant can make people fearful, and rightfully so. Like the other scenarios we’ve covered, you cannot independently decide to halt parenting time even if your ex has a warrant out for their arrest.

Can a Mother Deny Visitation Rights?

Sex and gender are irrelevant here. Colorado law doesn’t recognize one parent as more capable of honoring the child’s best interests based on sex. While some courts have been favorable toward women in the past, that is a stereotype of the past. While questions like “Can a mother deny the father visitation?” are important, they can overshadow the broader underlying issues.

Because Colorado law recognizes that both parents play an important role in their children’s lives, a parent who denies visitation based solely on the gender of the parties may also run the risk of being accused of alienation. 

Consequences of Denying Visitation Without a Court Order

What about if there is no court-ordered parenting plan? This might lead you to wonder, “Can I deny visitation if there is no court order”? 

This is a common situation for non-married parents, or married parents who have just separated. When parents break up and have not yet gone to court, there is no court-approved parenting plan to violate. 

In this case, yes, legally, either parent could pick up and leave with their kid. 

That’s why it’s so important for couples splitting up to get a parenting plan approved by the courts. 

That way, neither one of you can go up and leave. With a parenting plan, if either party attempts to deny visitation to the noncustodial parent, they can be accused of child abduction. 

Colorado law stipulates that “any parent or other person who violates an order of any district or juvenile court of this state, granting the custody of a child or parental responsibilities with respect to a child under the age of eighteen years,” can be charged with a felony. C.R.S. 18-3-304(2)

A parenting plan protects separated or non-married parents by ensuring the child's best interests are met, and the parenting schedule is fair and equitable. 

What if Our Child Doesn’t Want to See the Non-Custodial Parent?

The court is giving children more of a say about parenting time. Currently, Colorado law recognizes children’s rights to have:

• Conviction in what they believe is in their own best interests

• The right to be physically, mentally, and emotionally safe when in either parent’s care

• The right to live in and visit homes free of domestic violence, child abuse, or neglect C.R.S. 14-10-123.4

Just as a parent cannot unilaterally deny parenting time without a court order, a child cannot change a parenting plan. If a child does not wish to visit with the non-custodial parent, it’s worth bringing to the court’s attention. You don’t want to be accused of denying your co-parent their visitation rights because your child has refused to see them. The court may consider your child’s refusal when determining what is in the child’s best interests. However, this would likely depend on circumstances like the child’s age, maturity, the reasons for the refusal, and any potential harm to the child that has been recognized. 

How to Restrict Visitation to the Non-Custodial Parent

If your child’s welfare and well-being are in immediate danger, speak with an attorney about filing an emergency motion to restrict parenting time. Other pathways to restricting parenting time in Colorado include:

• Get law enforcement involved – If the non-custodial parent is violating your parental rights, calling the police can help you enforce your court order. Records of a police visit can also be used as evidence in a court hearing later on.

• File a motion for contempt – Judges don’t take kindly to the intentional disobedience of court order. Being found in contempt of court can result in sanctions meant to enforce an existing order or to punish for a willful violation.

• File a parenting time dispute motion  – Unfortunately for your ex, those little drop-ins may add up to a more serious problem. Document the violations for use in a parenting time dispute motion. If you play your cards right, this could significantly change your and your ex’s parental rights and parenting time. 

Hire a Family Law Attorney to Restrict Visitation

Child custody arrangements are a sensitive subject for many co-parents. If you try to deny visitation rights without taking the proper legal course, you may end up with an outcome you haven’t considered. Call 303-688-0944 to begin your case assessment.