The mother can voice her disapproval of the father. She may declare that the father should not be present. Can a mother prevent a father from seeing his children now? You may always say that you don’t want the father to have access, but it’s another thing entirely to really do it. When you refuse access, you have just disobeyed a court-issued parenting order. There will be repercussions.
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The judge will question you over your refusal to grant access in blatant defiance of a valid court order. The court has the right to impose contempt sanctions on you. It is possible to create plans for make-up time. Even your own parenting time may be forfeited. In accordance with a court ruling, a mother cannot refuse a father’s visitation rights.
Let’s Talk About Custody First
Judges have the authority to impose various custody plans. As long as the judge feels the agreement is in the child’s best interests, the judge can sign the court order for the custody arrangement if the parents agree to it. The descriptions of different custody agreements we’ll mention here.
Sole custody.
The term “sole custody” is not exactly defined by statute. The Michigan Custody Guideline defines sole custody as the allocation of both primary physical custody and main legal custody to one parent. In cases of physical custody, one parent is responsible for the majority of the child’s daily care. When one parent is in charge of making all significant choices for the child’s upbringing, this is known as legal custody (such as medical treatment, school enrollment, religious instruction, and participation in extracurricular activities).
Sole custody is typically granted to one parent if the judge feels the parents cannot collaborate for the sake of the child. The court may decide to grant parenting time to the other parent. When parenting time is granted, the non-custodial parent is in charge of making daily and emergency decisions for the child.
Joint custody.
The court must take into account granting shared custody when either parent requests it. Unless the court finds that joint custody is not in the child’s best interests, the court must grant joint custody if the parents agree to it. Judges are required to give reasons for their decisions, whether they are to accept or deny the request.
Courts can take joint custody into consideration even without the parent’s request. When deciding on joint custody, judges must also consider whether the parents will be able to collaborate and have general agreement on significant issues affecting the welfare of the child. Joint legal custody, joint physical custody, or a combination of joint legal and joint physical custody are all permitted under the statute’s definition of joint custody.
About Parenting Time
When parents do not share a residence, the time a child spends with each parent is referred to as parenting time in Michigan. When one party is given primary physical custody, that parent frequently gets a lot of parenting time while the other parent gets less. Equal parenting time may not always accompany shared physical custody, but it generally does or comes close to it.
Child custody and visitation privileges are only available to married couples. A person is legally considered to be a parent the moment they give birth to a child. In the state of Michigan, you are the child’s other legal parent if you are married to the parent who gives birth. Despite the fact that you are not the child’s biological father, this is still true.
Children generally have the right to live near to both of their parents. Unless the judge decides there is strong and persuasive evidence that it would be a hazard to the child’s bodily, mental, or emotional wellbeing, they are entitled to parenting time.
A parent may be given supervised parenting time or no parenting time at all if the judge finds that they are a danger to the child.
Denying Access Is Defying A Court Order
As a parent, you ought to understand the necessity and importance of keeping the bond between you and your children. This is the reason custody is shared and parenting time is designed to provide the best opportunity to be with your children almost on equal terms.
Having full or even physical custody already provides you as a parent more parenting time. It provides you a greater opportunity to engage with your children, probably better than the non-custodial parent.
You don’t like the father, because you have custody, you want to rub this in by denying your ex access to the children. You want to have the satisfaction of seeing him endure the separation from kids.
The problem with that is this: You are also separating your children from their father. They too will suffer in that separation.
A while back we wrote about denying parenting time. The article was entitled, “How Can I Deny Parenting Time In Michigan”. You can read that article in our Legal Blog here.
In that article we pointed out the need for stability in the children’s environment. Sharing time between both parents offers that stability. We do understand there are some hurt in ending a marriage, and hostility might be the only thing linking the parents.
It is not surprising therefore that denying access to children is a way to get even with the perceived offending father of the children.
Here’s the thing to remember, the parenting time both of you supposedly should enjoy is an opportunity created by a court order. It’s a court order. Defying a court order by denying the father access to the kids carry certain penalties and consequences.
Let’s go over them again:
Contempt of Court
The first consequence might be for the denying parent to be held in contempt of court. This implies that the parent who refuses could be subject to a fine or even jail time. The parent who refuses might also be expected to make up missed parenting time.
Loss of Child Custody
The parent who was denied custody may really lose it, which is the second consequence. The court might infer that the parent who is denying cannot prioritize the needs of the child.
Payment of Attorney Fees
The parent who declines custody can also be liable for the court fees and legal expenses. It’s not a good idea to deny time to parents. It might have unfavorable outcomes financially.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.