One of the more contentious situations that child custody lawyers sometimes see their clients dealing with is an ex-spouse who refuses to let the other parent see their child.
If this is happening to you after having been granted visitation rights by the family court or an agreed custody arrangement, it is illegal and warrants contacting a child custody attorney for help.
There are a few things that a custody lawyer can do to resolve the situation and enforce your visiting rights.
When An Ex Won’t Allow Child Visitation
Regardless of why they are doing it, it’s illegal for any ex-spouse to deny child visitation rights that have been granted by the Family Court.
Whether the mediation route is chosen and an informal visitation schedule is agreeable to your ex-spouse or visitation was court-appointed, you are entitled to that visitation.
It’s an important part of co-parenting to maintain a relationship with your child and must not be prevented.
Fortunately, when attempts for visitation are being blocked, there are a number of ways a custody lawyer can work to have visitation schedules or orders enforced.
What Can Be Done to Enforce Visitation Agreements?
Chances are, when an ex-spouse has been preventing child custody visits, you have already attempted to resolve the issue by talking about it.
When that doesn’t work, it’s best to let a child visitation lawyer provide the assistance necessary to enforce visitation rights.
There are a number of things that custody attorneys can do before heading to the court to resolve the issue and find a solution that both parents accept:
- Discussion - Get together either with or without child custody lawyers present to discuss the reasons why visitation is being denied and try to work it out.
- Mediation - Work with a mediator to work out the issues to either enforce the current agreement or modify it to better suit both parties.
- Counseling - If the denial is based on unresolved emotions after the divorce, psychological counseling together may help.
What Should Be Done When Non-Legal Efforts Fail?
When both spouses still cannot come to terms with visitation issues, custody lawyers suggest taking the next step to have visitation rights legally enforced.
Two ways in which this could happen is by
- Requesting an official modification to the custody and visitation order if both parents and their attorneys are able to decide on and agree to the changes being requested.
- Having your lawyer file a petition for the court to enforce the visitation order, which will result in a court hearing.
When Exes Breach Visitation Agreements
In divorce situations, both parents have the right to see their children based on either an agreed-upon visitation schedule or a court-appointed one.
If an ex-spouse is breaching a visitation agreement or custody order and preventing visitations with your children, talk to a custody and visitation lawyer for help.
A lawyer will help resolve the problem using non-legal methods whenever possible.
If finding a common ground isn’t possible, your attorney will direct the legal process so visitation rights can be enforced by the court.