Withholding Child Visitation

Shannintipton - posted on 08/10/2011 ( 7 moms have responded )

36,025

50

522

Sign In | Register
Popular searches: Child Custody Visitation Rights Divorce Court Family Court File for Divorce


--------------------------------------------------------------------------------

Find a Divorce LawyerDivorceChild CustodyChild SupportFamily LawAdvertise on DivorcenetHome > Resource Center > Child Custody > Child Visitation >
How to Deal with an Ex-Spouse Withholding Child Visitation
Talk to a Family AttorneyTalk to a Family Lawyer for Legal Advice
Enter Zip Code:
Select the type of Lawyer you needFamilyChild CustodyDivorceChild SupportSome non-custodial parents lament that they haven't seen their child in several years. Many non-custodial parents accept that situation. What they don't realize is that there is recourse.

When Child Visitation Is Withheld Occasionally
If the custodial parent withholds visitation occasionally and does not follow the visitation schedule that is written in the agreement or order, visitation can be made up. Specific make-up dates can be scheduled between the parties. Non-custodial parents should keep a journal of dates and times of missed visitation.

If the custodial parent will not schedule make-up dates, the non-custodial parent can take other measures. Other measures, however, never include withholding child support or self-help. Child support and visitation are not related, and other articles discuss that issue. Self-help is kidnapping; even if the non-custodial parent is the father, he cannot take the children because the custodial parent will probably call the police and have him arrested for kidnapping. That will certainly not help his cause in the child's eyes or in court. (See also Revoke Child Visitation Rights).

When Visitation is Consistently Withheld
If there is a visitation order that states when the non-custodial parent has access to the child, or even if the order allows for visitation as agreed between the parties, withholding child visitation is a violation of that order. The non-custodial parent can do several things. In some states he can go to the police and have the visitation enforced. However, many police departments do not want to get involved in domestic disputes. Additionally, trying to enforce visitation by the police will create more hostility between the parents and it doesn't make for happy memories for the child.

The non-custodial parent's next step is to file a petition in court to enforce his visitation rights. He can file the petition himself, but it is advisable to have an attorney file it. The attorney will know what needs to be stated in the petition.

Some states take failure to comply with a visitation order so seriously that there could be a change of custody. However, if the child is older and the custodial parent has already alienated the child from the non-custodial parent, it is unlikely that the child will want to live with the other parent. Sometimes, however, an older child will want to have custody changed and will welcome it. If there is parental alienation involved, a court may change custody anyway. It depends upon the state, since each state has different ways of enforcing visitation.

MOST HELPFUL POSTS

Bri - posted on 08/10/2011

29,558

29

189

The BM is starting to do that to my fiance. Its horrible thing to do, she made us travel 1 hour away without texting calling, and she just wasn't home. What a rude $%^@!

Jurnee - posted on 08/10/2011

3,790

22

110

haha, I have the opposite problem. I wish my sons dad would visit him more often. A child free weekend would be great! As it is now he hasnt seen him since December!

This conversation has been closed to further comments

7 Comments

View replies by

Rebecca - posted on 04/27/2014

36

0

0

Wana sign my Petition? I'm going to try to change visitation rights that no over nights with the noncustodial parent take place until the age of 3 or 4. I'm sorry if this gets some dads upset, but I'm fighting to protect my daughter. I have put a petition together for you to sign. Please do so by going to this site and sign it and share it PLEASE!!..I will have proof of how it effects our children. I need 2000 signatures! Thank you so much!! http://www.thepetitionsite.com/281/518/8...

Evelyn - posted on 08/17/2013

4

0

0

my x violates the visiting orders all the time i have made incident reports with the police and have even told the judge nothing is done about it its now to the point where my x and his girlfriend have brainwashed my daughter so she dosent want to come with me on our weekend visits when i call her she tells me mean things and hangs up on me i dont know where to turn as the courts have failed me.

Bethany - posted on 11/24/2012

541

3

61

when my partner and i started dating the bm of his two boys then 12 and 14 was living in a different state (8hr drive) and there was always a reason the boys couldn't come visit over the holidays even tho they usually stay with my partners parents (at their insistence) which usually worked out for the best as we were both working full time (my inlaws are retired).

the one time (our first xmas together) she brought the kids up and wouldnt leave until she confronted me and then made a huge scene and ruined the boys trip.

i cant wait til the youngest no longer lives with her and we dont hafta deal with her again.

Leigh - posted on 11/11/2012

23

0

0

What is the reason for with-holding? Is it reasonable? Or is the other parent, or other family members behaviour and cognitive disordered? In which case, there will be real issues. This is a grade up, from mere disputes. In this case, we are looking into domestic violence families. In this instance, I'd get down on my knees and pray.!!!!!!!!!

Spikey - posted on 05/01/2012

9

0

3

The advise is good. However, in our experience we only paid a lawyer to draft 2 motions, had to pay to reopen divorce/custody case, schedule a court date, and my husband represented himself. Because we filed the proper paperwork he was granted immediate possession of his 2 children and his ex was warned about contempt with possibilities in the future of a 6 month split of custody. His ex got crazy with the judge and was escorted out and not allowed to say goodbye to them. Now we have to work out new extreme behavior with her. Its never-ending. Good luck!!

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms