Can you deny child visitation if your ex has a criminal record?

On Behalf of | Jun 30, 2021 | Family Law |

Child visitation issues are often a common contentious issue when parents divorce, but what can you do when your ex-spouse has a history of abusive behavior? NBC News notes that when parents wish to withhold visitation rights because of this issue, nearly 80% of judges believed the accusing parent lacked any proof or credibility.

If a judge grants your ex-spouse visitation rights despite your concerns, there are a few steps you can take to reduce or halt the visits if you believe your child is in danger.

Gain proof of past abuse

You may feel that you have little recourse when it comes to legally withholding child custody visits, but approaching the court with proof of past abuse, whether physical, mental or emotional, may help your case. Present the court with text messages, emails or other written examples. Offering proof of threats against you or the children may help you curtail your ex-spouse’s visitation rights.

Speak to your attorney

If you want to speak to the judge about these allegations, then let your attorney know so you can move through legal channels. This is usually the best way to address your concerns because if you try to withhold visitation rights on your own, you may end up making trouble for yourself with the courts if your ex-spouse reports you.

While working through legal channels to block your ex’s child visitation rights can seem frustrating, asking for support this way is usually more effective than taking matters into your own hands. Currently, the justice system seeks to train judges in a manner that may allow them to make better decisions when these types of problems arise.