Section 12.11 Denial of Visitation

• Library: Family Law Deskbook and 2014 Supp

A. (§12.11) Denial of Visitation

When allegations of abuse and neglect arise in a domestic proceeding, counsel representing the party making the allegations faces a difficult decision. This decision is whether one parent may properly deny the allegedly abusive parent the rights of temporary custody and visitation if no official action has been taken.

The custodial parent, however, faces a risk in denying temporary custody or visitation based on the language of § 452.375.2(4), RSMo Supp. 2011, which requires the court to consider in custody determinations “[w]hich parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent.” If a parent interferes with or denies the other parent visitation or custody with the child, this factor may be considered by the court in the custody proceedings. Courtney v. Courtney, 959 S.W.2d 124 (Mo. App. S.D. 1998).

Furthermore, if court-ordered rights of visitation and custody exist, the parent may still feel that it is in...