If you are sharing custody of a child and wish to deny the father visitation rights, you will need to seek the court's permission to do so. You will need to show the family court judge that continuing visitation with the father is not in the child's best interest or that starting visitation privileges may harm her. The court will generally refuse to suspend visitation unless the father is abusive towards the child or has mental health, substance abuse, or lifestyle issues that put the child at risk.
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Prepare a motion to suspend visitation. In your motion, you will need to list your name, your relationship to the child, the father's name, and the child's name. If you already have a custody or paternity case open with the court, include your case number.
Outline your reasons for wanting to deny the father visitation. In your motion, you will need to outline the reasons why visiting with the father will cause the child harm. Use specific examples of behaviours, problems and incidents that led you to file the motion.
Provide the court with evidence to back up your claims. If the child has a case manager or therapist, ask her to provide testimony or a written report indicating that visitation may lead to physical or mental injury.
Attend the hearing. After you have filed your motion and supporting evidence with the Clerk of the Court, you will be assigned a hearing date, where you will have a chance to make your case in front of a judge.
Tips and warnings
- In lieu of asking the judge to deny a father visitation rights, consider requesting that the court supervise the father's visits. Family courts are more likely to institute supervision guidelines than deny a father access to his child.
- Do not try to deny the father access to the child without a court order. You may face criminal penalties for doing so. If you feel your child is in immediate danger, contact the police.
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