Can I refuse to give my ex visitation rights?
It is possible to refuse giving an ex-spouse visitation rights in California, but it is not recommended. Visitation rights are usually granted in the child custody agreement unless there are certain extraordinary circumstances such as abuse or neglect. It is important to note that visitation rights are typically awarded by a family court judge, not by agreement between the parents. If an ex-spouse wants to contest visitation rights, they must prove that not granting visitation would be in the best interest of the child. Factors taken into consideration by the judge include, but are not limited to, the age of the child, the ex-spouse’s criminal history and the opinion of a third party, such as a social worker. It is possible to refuse visitation, however, if the ex is deemed a threat to the child’s safety. This includes if there is evidence of physical, emotional, or sexual abuse, or if there is a restraining order. In such cases, the judge may deny visitation rights, if it is in the best interest of the child. Refusing to give an ex-spouse visitation rights can be detrimental to the child’s wellbeing. In some cases, the court may order the visitation to take place with a mediator or in a supervised setting. Ultimately, the best interests of the child should be considered when making any decision regarding child custody.
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