How to Handle Being Denied Visitation
Occasionally during a divorce or separation, one parent will deny visitation rights to the other parent. In this article, we will look at ways to handle this, and hopefully come to a resolution regarding custody and visitation rights.
Ways to Deal with Visitation Denial
Know Your Rights
The very first thing you should do in a separation that involves custody is to learn your parental rights. You can speak to a custody lawyer, or look online as there are a lot of resources available there to help you. One of the main things people think are justification for denying visitation rights is the failure to pay child support. This is not a punishment that the courts hand out for missing payments, as it is as much of a punishment for the child as it is for the parent, and being denied access to your child because of missed payments in against the law.
Keep written records of every time your ex denies you access to your child. Date it, and write down the reasons. Be honest and do not exaggerate or embellish the details. If your ex leaves you voicemails, save them as well as any text messages or emails.
Social media posts are admissible in court, so if something is said there, be sure to screencap it for the future. Avoid getting into arguments and mudslinging on social media. Not only can this be used against you in court, it is not something you would want your child to see or hear about.
Often times visitation denial comes from feelings of anger and fear from the other partner. Try to have an open line of communication. This can obviously be very difficult when you yourself are feeling angry and concerned. The best thing to do is to keep your child in mind and focus on what the other parent is saying. Perhaps they have genuine concerns about the place you live or the food you are feeding them. This is easy enough to solve if you are willing to compromise with and listen to your ex.
If you are having a hard time communicating with each other, but are not unwilling to, try mediation. This will provide you both with an open forum to discuss the child, your visitation rights, and the emotions you are both feeling. The mediator is there to ensure you both stay on topic and do not get too angry or emotional. This will only work if both parents are willing to compromise and work together.
Police and Courts
If your ex continues to keep your child from you unlawfully, your next step will be either contacting the police or the courts directly. Generally, the police will only be able to take notes to pass on to the courts, but their involvement can help your case.
The courts can help by doling out legal repercussions to the parent that is unlawfully keeping their child away from the other parent. Often times just the threat of this is enough for the ex to start an open line of communication involving your visitation rights and access to your child.
Visitation and child access is a tough situation to handle with a level head, but there are a lot of ways to help you find a suitable resolution to any issues you are having