Can a Parent Deny Visitation in Arkansas?

Child custody and visitation can become some of the most difficult issues for parents after a separation or divorce. When parents disagree, one common question is: Can a parent deny visitation in Arkansas?

Generally, a parent should not simply deny court-ordered parenting time because of a personal disagreement with the other parent. Arkansas law recognizes the importance of frequent and continuing contact between children and both parents when that contact is in the child's best interest. A parent who does not have sole, primary, or joint custody is generally entitled to reasonable parenting time unless the court finds that parenting time would seriously endanger the child's physical, mental, or emotional health.

However, every custody situation is different. The specific language of a custody or visitation order is extremely important.

What Does Visitation Mean in Arkansas?

In Arkansas, the term parenting time is commonly used when discussing the time a parent spends with a child.

The court can establish a parenting-time schedule that specifies the frequency, timing, duration, conditions, and method of scheduling parenting time. The schedule should also take the child's developmental age into consideration.

A parenting-time order may address details such as:

• Weekday and weekend visits
• Holidays and school breaks
• Vacation time
• Transportation and exchanges
• Pick-up and drop-off arrangements
• Communication between the parent and child
• Supervised parenting time, when appropriate

Following the court's order is important for both parents.

Can a Custodial Parent Deny Court-Ordered Visitation?

Generally, a custodial parent cannot simply refuse to follow a valid court-ordered visitation schedule because they are unhappy with the other parent.
For example, a parent generally should not deny parenting time simply because:

• The parents are arguing.
• The other parent is behind on child support.
• The parent dislikes the other parent's new relationship.
• The child says they do not want to go.
• The parents disagree about parenting decisions.
• The other parent has failed to follow an unrelated agreement.

The appropriate response to a serious dispute may be to seek help from the court rather than unilaterally changing the parenting-time arrangement.

Arkansas law also provides that a court may consider which parent is more likely to allow frequent and continuing contact with the other parent when making custody decisions.

When Can Visitation Be Restricted?

There may be circumstances in which parenting time should be restricted or modified.

Arkansas law specifically provides that a parent who does not have sole, primary, or joint custody is entitled to reasonable parenting time unless a court finds, after a hearing, that parenting time would seriously endanger the child's physical, mental, or emotional health.

Examples of circumstances that may require court intervention can include allegations involving:

• Abuse or domestic violence
• Serious threats to the child's safety
• Substance abuse
• Unsafe living conditions
• Other circumstances that could seriously endanger the child

The court can consider the best interests of the child when making custody and parenting-time decisions. Arkansas law also contains specific provisions concerning domestic violence and sex offenders in custody and visitation cases.

If you believe your child is in immediate danger, prioritize the child's safety and seek appropriate emergency or legal assistance.

What If the Child Refuses to Visit?

A child may sometimes say that they do not want to visit the other parent. That situation can be emotionally difficult for everyone involved.

However, a child's statement does not automatically cancel a court-ordered parenting-time schedule.

Parents should avoid putting children in the middle of custody disputes or encouraging them to choose between parents. If there are legitimate concerns about why a child refuses visitation, those concerns may need to be addressed through the appropriate legal process.

Arkansas courts may consider a child's preferences in custody matters when the child is of sufficient age and mental capacity to reason, but the child's preference is only one consideration in determining the child's best interests.

Can You Deny Visitation Because the Other Parent Has Not Paid Child Support?

Generally, child support and parenting time are separate issues.

A parent should not assume that failure to pay child support automatically eliminates the other parent's right to court-ordered parenting time.

Likewise, a parent generally should not stop paying child support simply because the other parent is interfering with visitation.

If either parent believes the other is violating a court order, the appropriate legal remedy may involve asking the court to enforce or modify the existing order.

What Happens If a Parent Violates a Visitation Order?

If a parent knowingly prevents another parent from exercising visitation rights granted by a court order, the situation can have serious legal consequences.

Arkansas law specifically recognizes the offense of interference with visitation. Under Arkansas Code § 5-26-501, a person may commit interference with visitation when they knowingly take, entice, or keep a minor from a person who has a court-ordered right to visitation and the person denying visitation has no lawful right to do so.

The statute also provides that a person claiming interference with visitation should provide law enforcement with a copy of the signed custody or visitation order as proof of the visitation rights.

Because enforcement can depend heavily on the specific facts and wording of the court order, speaking with an Arkansas family law attorney can be important.

What Should You Do If the Other Parent Is Denying Visitation?

If you believe the other parent is improperly preventing your court-ordered parenting time, consider taking the following steps:

1. Review Your Custody Order

Read the parenting-time provisions carefully. Make sure you understand exactly when, where, and under what conditions visitation is supposed to occur.

2. Keep Records

Document missed visits, canceled exchanges, messages, and other relevant communications. Keep your records factual and organized.

3. Communicate Calmly

Whenever possible, communicate with the other parent in a respectful and child-focused manner. Avoid threats or inflammatory messages that could make the situation worse.

4. Do Not Retaliate

Do not respond to denied visitation by withholding child support or violating another part of the custody order.

5. Consider Legal Action

If the problem continues, an attorney can help you determine whether seeking enforcement or modification of the custody order is appropriate.

Can a Visitation Order Be Changed?

Yes. Parenting-time arrangements can sometimes be modified when circumstances change.

The court's primary consideration remains the best interest of the child. Arkansas courts can issue detailed parenting-time orders addressing the frequency, timing, duration, conditions, and scheduling of parenting time.

If circumstances have changed significantly since the original custody order was entered, an attorney can help you understand whether requesting a modification may be appropriate.

Protecting Your Parental Rights in Arkansas

So, can a parent deny visitation in Arkansas? Generally, a parent should not unilaterally deny court-ordered parenting time without a lawful basis. Arkansas recognizes the importance of maintaining frequent and continuing contact between children and both parents when doing so is consistent with the child's best interests.

At the same time, parenting time may be restricted when circumstances create serious concerns about a child's physical, mental, or emotional safety. These situations should be addressed through the appropriate legal process rather than handled through unilateral changes to a court order.

If you are dealing with denied visitation, a custody dispute, or concerns about your child's safety, Cornerstone Law Firm can help you understand your legal options and determine the appropriate next steps under Arkansas law.

Frequently Asked Questions About Visitation in Arkansas

1. Can a parent legally deny visitation in Arkansas?

Generally, a parent should not deny court-ordered parenting time without a lawful basis. Arkansas law provides that a parent who does not have sole, primary, or joint custody is generally entitled to reasonable parenting time unless the court finds that the visitation would seriously endanger the child's physical, mental, or emotional health.

2. Can I deny visitation if I believe my child is in danger?

If you reasonably believe your child faces imminent physical harm, Arkansas law recognizes specific circumstances that may provide a defense to a claim of interference with visitation. However, parents should seek appropriate legal or emergency assistance rather than making unilateral decisions when possible.

3. Can I stop visitation because the other parent is not paying child support?

Generally, child support and parenting time are separate legal issues. A parent should not assume that missed child support payments automatically eliminate the other parent's court-ordered parenting time. If there is a violation of either obligation, the appropriate legal remedy should be pursued through the court.

4. What can I do if the other parent keeps denying my visitation?

If the other parent repeatedly prevents you from exercising court-ordered parenting time, keep records of the missed visits and communications. You may need to seek enforcement of the existing custody or visitation order through the court. Arkansas law also recognizes interference with visitation as an offense in certain circumstances.

5. Can visitation be changed by the court?

Yes. A court can establish or modify parenting-time arrangements based on the child's best interests and the circumstances of the case. Arkansas law allows courts to issue specific parenting-time orders addressing the frequency, timing, duration, conditions, and scheduling of parenting time.