Child Custody: What to Do If Your Ex Denies Visitation

A child being carried by their parent

Sadly, some divorced or separated parents aren’t capable of co-parenting successfully. More often than not, the custodial parent denies the non-custodial parent visitation rights for months, even years. Although some non-custodial parents just accept this unfortunate behavior, sometimes, it’s simply because they’re not aware of their legal rights.

If Your Ex Doesn’t Want You to See Your Child

If your ex occasionally withholds visitation and doesn’t want to follow the court-ordered visitation schedule, your visitation schedule could and must be modified, with particular dates scheduled between you and your ex. You must keep a record of all the times and dates your ex denied visitation time. If your ex is not amenable to scheduling makeup visitation days, you have other options. However, it’s immensely vital that you don’t resort to self-help or withhold your child support payments.

Take note that visitation and child support are two different things and that it’s your child that’s legally entitled to your support payments, and not your ex, explains a top family law lawyer in Denver. On your part, you’re legally obligated to send support payments to your child.

If you fail to continue sending your support payments, the court could hold you in contempt for violating their order. Additionally, you could face hefty penalties and even time in jail. Put simply, don’t stop sending your support payments.

Self-help is when you take your child on a whim because your ex is withholding visitation time. This is essentially kidnapping, and you could be arrested if your ex reports your actions to the police. Put simply, doing this won’t do you any good in court.

What You Could Do

If after repeated attempts to talk to your ex about modifying the visitation schedule doesn’t work, your best recourse is to get help from a lawyer. Your lawyer will be the one to reach out to your ex to tell your ex about his or her unacceptable behavior and that you’re prepared to take your case to court to enforce your visitation rights. Hopefully, this might enough to make your ex comply with the court order.