Child Custody Issues: What Happens if You’re Denied Visitation?
Although the custodial parent has the power to deny the non-custodial parent visitation rights, the parent risks being slapped with severe legal consequences. The reason for this is that denying visitation rights is illegal if there’s a child custody order in place, except in certain circumstances. For example, if visitation would harm the child in any way — physically or emotionally — then no visitation should take place.
What a Non-Custodial Parent Could Do
- If you’re being denied visitation, you have options. First, speak with the custodial parent to determine why you’re being denied contact with your child. Keep a log of all the times the custodial parent denied visitation and why. You should also keep copies of communications or messages concerning visitation, including text messages, letters, and emails. Family law attorneys in Denver, CO say that you could use your records as evidence in case you need court intervention.
- You could likewise file a report with local authorities and show them the child custody order. However, take note that while the police could technically enforce parenting time orders, they might not be eager to involve themselves in family disputes, unless child abuse or parental kidnapping is involved.
- Seeking help from a family lawyer is a viable option to aid you in enforcing custody and visitation orders. Your lawyer could send your ex-spouse or partner a forceful letter stating that you’re willing to fix the issue without court interference, subject to certain conditions. You could make up the visitation days you missed and the letter would show that you attempted to make good with your ex-spouse without getting the court involved.
What if Your Ex Still Denies You Visitation?
Your best option is to file a motion to request revised child custody orders. Depending on the circumstances, you could request for enforcement of the existing order, have it revised, or issue additional sanctions or orders that would prevent your ex-spouse from violating the child custody order in the future. If applicable, you could likewise file for contempt, but your ex might face severe penalties, including jail time and/or a hefty fine.
No matter the circumstances, it’s ideal to speak with a family law attorney to determine which option is best for your circumstances.