What grounds would a judge/commissoner have to deny a non-custodial parent supervised visitation???

Asked over 3 years ago - Phoenix, AZ

I have been denied any visitation of my daughter by my ex-wife

Attorney answers (2)

  1. Ryan Hardy

    Contributor Level 15
    Best Answer
    chosen by asker

    Answered . The appropriate statute to look at is the following: A.R.S. ยง 25-408 A. "A parent who is not granted custody of the child is entitled to reasonable parenting time rights to ensure that the minor child has frequent and continuing contact with the noncustodial parent unless the court finds, after a hearing, that parenting time would endanger seriously the child's physical, mental, moral, or emotional health."

    In essence, unless your ex-wife can show the court, that the children would be seriously endangered by visiting you, you should be granted your reasonable parenting time. If she is denying you access already, you should seek assistance from local counsel to better understand the facts of your specific case.

    *This answer is provided for general information, and is not to be construed as legal advice.

  2. Thomas E Mulinazzi

    Pro

    Contributor Level 14

    Answered . Denyng a parent all access with his/her child is a very rare situation. The only justification for this would be that a Court made a determination that at this time the parent is a danger or presents a serious threat to the child that cannot be eliminated by the presence of a trained supervisor.

    Usually the Court will provide that parent a list of conditions such as therapy, counseling, pscyhological evaluation, drug testing, medication, etc. that the parent can comply with over time in order to get supervised access with the child. There may be other conditions imposed by the Court.

    If this has happened or you believe that it may you should consult with a child custody lawyer.

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