Can You Deny Visitation Due to Safety Concerns in Nebraska?
Posted By: William Finocchiaro
In this article, you will discover:
- What constitutes a legitimate safety concern in a Nebraska custody or visitation case.
- Whether you can deny visitation to the other parent without prior court approval.
- Evidence required to justify denying visitation in Nebraska.
What Qualifies As A Legitimate Safety Concern In A Nebraska Custody Or Visitation Case?
Legitimate safety concerns in a custody or visitation case are difficult to define. Every case will be evaluated on the individual facts and circumstances, and whenever there is a real and actual risk of harm, it will be considered a legitimate safety concern.
The potential risk of harm is different because it’s often based on perception and feelings. That can be harder to prove, but these potential risks are of no less importance or concern.
While it’s important to follow the court’s order, legitimate safety concerns may arise to the point that a parent may feel it’s no longer safe to send the child for parenting time. This scenario is stressful to navigate because you’re faced with the potential to violate the court order versus sending your child for parenting time despite legitimate safety concerns.
Considering the potentially drastic consequences of resorting to self-help, speaking to an attorney early on is always best, so you understand your legal remedies and options.
Can A Parent Legally Deny Visitation Without Prior Court Approval?
You cannot legally deny visitation without prior court approval or the other parent’s agreement. That said, there are often emergencies that will require changing the schedule or even withholding parenting time to protect a child’s immediate health or safety.
If this occurs, it’s essential to speak with an attorney right away to understand your legal rights and avoid potential consequences of certain actions, as the court may determine that parenting time was unreasonably withheld.
If you withhold visitation, a contempt action can be filed against you. When that happens, the court will look at your conduct in preventing the parenting time or failing to make the child go. These actions will be examined to determine whether your decision violated the court order or whether legitimate safety concerns justified withholding visitation for the child’s benefit.
What Type Of Evidence Is Needed To Justify Withholding Visitation?
The evidence needed to justify withholding visitation should be substantial and impact the immediate health, safety or wellbeing of your child. In the absence of such evidence, there’s a real and reasonable risk of potential consequences for failing to follow the court-ordered parenting schedule.
Suppose a child doesn’t like the stricter rules at one parent’s home about cell phone use, the amount of time they’re allowed to play video games, bedtime, or curfew. Those examples do not justify withholding visitation. On the other hand, if your child witnessed domestic abuse or drug use in the other parent’s home, that’s a different situation entirely.
What Risks Or Consequences Come With Denying Parenting Time Without Court Authorization?
The biggest risk of denying parenting time without court authorization is contempt of court. A contempt action is filed when one party fails to comply with a court order, including an order for parenting time.
If you are found to have willfully violated the court order by not enforcing parenting time or not complying with the parenting schedule, you may be found in contempt of court. This determination can then include sanctions, such as make-up parenting time to the other parent for the time they missed, temporary changes to the parenting schedule, or attorney fees.
What Immediate Steps Should I Take If I Fear For My Child’s Safety Today?
Always take any necessary steps to ensure your child’s safety first. Then speak with an attorney immediately.
An attorney can help you advocate for your preferences and desires and explain the best way to handle the case from a legal perspective to protect the child’s best interests and create a safe environment in both parents’ homes.
Still Have Questions? Ready To Get Started?
For more information on denying visitation in Nebraska for safety concerns, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 345-7600 today.
