Working together as co-parents after divorce sometimes seems impossible; a parent may even feel it is necessary to refuse parental visitation. Since the State of Louisiana actively promotes the emotional, mental and physical well-being of children by facilitating and encouraging the duty, obligation, and responsibility of both parents to participate in the upbringing of their children, doing so can have serious repercussions. If you are struggling with this decision, consider the rights and responsibilities of each parent before you take any action.
Louisiana Non-Custodial Parents: Rights and Responsibilities
- According to Louisiana child custody laws, non-custodial parents are entitled to access and visitation with minor children (unless there is an allegation of abuse).
- If a non-custodial parent has a history of domestic violence or abuse towards their child or children, the court may not allow visitation privileges or may order supervised visitation.
- Non-custodial parents found guilty of sexual abuse will have no access, visitation, or contact with their child.
Louisiana Custodial Parents: Rights and Responsibilities
- Custodial parents must adhere to the court-ordered visitation schedule.
- Custodial parents should make a reasonable effort to facilitate the non-custodial parent’s visitation with the child through appropriate communication.
- When a non-custodial parent fails to adhere to the court-ordered visitation schedule, the custodial parent has two basic options: 1) taking the issue back to court to request a revised visitation schedule or 2) trying to communicate with the non-custodial parent about what is causing the failure to show for planned visitation.
If you are a custodial parent and you wish to refuse to allow your ex to use their visitation, remember that you are held to a visitation schedule by the court. There are very few situations in which it would be appropriate to refuse the other parent’s court-ordered visitation (such as suspected abuse or neglect of the child).
If your child is refusing visitation, talk to the other parent. Calmly discuss the situation with your child. What is their reason for not wanting to see their other parent? Reassure them that both their parents love them. Explain the basic concept of visitation, and while doing so, remember that visitation rights are intended to serve the best interests of the children involved. If there is no resolution possible, you may need to seek Court intervention for help to avoid potential penalties for not adhering to the visitation order.
If you need more information or guidance about refusing parental visitation or the rights of the non-custodial parent in Louisiana, please contact one of the experienced child custody lawyers in Louisiana at Stanley-Wallace Law. We have the resources and the skill to assist you in finding the best resolution in your situation.