Custodial Parent Withholding Visitation? Here Are The Steps To Take

A divorce is finalized after a family law judge issues certain court orders pertaining to the case. One of these orders will address child custody and visitation. While these orders are final and legally binding, not all parents comply with them. People cannot often co-parent in a civil manner and custodial parents sometimes withhold visitation from their former spouse. Some parents may withhold visitation for several weeks, or even years.

If your former spouse has withheld visitation, you may feel hopeless. However, you do have legal options, but it is important to know what steps to take, and which to avoid. Below, our Media child custody lawyer explains more.

Do Not Withhold Child Support 

It is natural to think that if you are being denied visitation, you should not have to pay child support. If you stop paying child support, regardless of the actions of the other parent, you will face serious consequences. Your former spouse will have the right to petition the court to enforce the order. This could result in your wages being garnished and even being held in contempt of court. Continue paying your child support in full and on time so your former spouse cannot take action against you.

Document Missed Visits 

Use a calendar or journal to note every time your former spouse withheld visitation. If legal action is necessary in the future, you will have to show the exact dates and times of the denied visits. Also keep communication received from the custodial parent that can prove your case. To get this evidence, communicate with the other parent through emails or texts. This can provide written documentation that proves you were denied visitation.

Suggest Makeup Visits 

It is frustrating when your former spouse denies visitation. Still, it is important to remain flexible and try to cooperate with the custodial parent. Suggest other dates or times that are more convenient for them that could make up for the missed visits. If the custodial parent is withholding visitation they may not agree with your suggestions. However, it will show the court that you tried to act in good faith if you have to take legal action in the future.

Consider a Motion to Enforce 

Before filing legal action with the court, you should send your former spouse a letter. A Media child custody lawyer can advise on what to include in the letter including that you do not accept being denied visitation and that you are prepared to take the matter to court.

If your former spouse still continues to deny visitation, a lawyer can also advise on how to take the matter to court. Your lawyer can file a Motion to Enforce and argue your case to a judge. It is even possible that a judge will change the court to order so you spend more time with your child.

Call Our Child Custody Lawyer in Media 

Co-parenting after divorce is not always easy, but it becomes even harder when one parent refuses to comply with a court order. At Barbara Flum Stein & Associates, our Media child custody lawyer can provide the legal advice you need and help you take the necessary action to enforce your rights. Call us now at 610-565-6100 or contact us online to schedule a consultation and to learn more.

Sources:

legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.043..HTM

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=53