When your children are put at risk during the non-custodial periods of visitation, there are ways to protect them and yourself for denying them visitation. Courts will temporarily suspend visitation out of an abundance of caution based on the parent’s assertions that the health, safety and mental well being of the child is at risk. If the non-custodial parent is also not protecting the children during their times of custody, it can be suspended until they learn the appropriate measures to take to do so. Typically when visitation is suspended or terminated, a parent will spring into action to correct the offending behaviors. They typically will counter sue for contempt and custody but those are mere threats when a child’s real safety is of concern.
A new case from the Alabama Court of Civil Appeals deals with just that scenario. In Davis v. Blackstock, the court decided that in determining the non-custodial parent’s credibility with regard to their suit for custody following a modification of custody case, the fact that they failed to provide the child’s basic needs was called into question. In that case, the non-custodial parent failed to provide financial support and for the child’s basic food and shelter needs by failing to pay their child support. Then the non-custodial parent filed a case for custody which was denied. It goes back to the basic principal that that parent had “unclean hands” and would be denied their request due to that fact.
It shows that the court can determine a parent’s credibility when asking for custody based on their prior actions in supporting the child. These cases are forever coming up over and over again. One parent wishes to protect their child from harm while in the other parent’s psychical care and then that parent files for custody because they are denied visitation. If you understand the “poker” faces that come about during these cases, you will understand that it may be a “knee jerk” reaction to file a counterclaim for custody immediately after visitation has been suspended.
The new case affirms the fact that if you are going to ask the court for relief, you better have clean hands during the time you are asking. Remedies for those parents with “unclean hands” is difficult to obtain since it is an old standard the courts still apply. We have great resources on our site at https://www.birminghamdivorcefirm.com
If you are a parent who needs to protect your child from harm or have safety concerns when they are with the non-custodial parent, seek legal help today. There are tools we can use to make that happen. We can provide you with protections that will be needed once you deny the other parent visitation due to your safety concerns. Call us today (205) 623-1001.