While a child
visitation agreement establishes the amount of time that a child spends with each
parent, there are many cases when custodial parents—without any
cause whatsoever—prevent noncustodial parents from seeing their
kids for weeks, months, and even years. Many noncustodial parents simply
accept this behavior and give up.
Fortunately, there are options to remedy these types of situations. It
is imperative for noncustodial parents to fight for their rights granted
by the court.
The following are the steps you can take to stop the custodial parent from
withholding child visitation:
Keep track of any missed visitation time – Any time visitation was denied, you should record the dates in
a calendar, notebook, or even an online document. Additionally, keep copies
of any correspondence with your ex-spouse, so make sure you act composed
and calm each time you two interact.
Attempt to resolve the issue on your own – Before taking any legal action against your ex-spouse, at least
try to amicably work things out. Attempt to schedule make-up dates for
any lost time, which is why it is important to document missed time.
Let your attorney handle the situation – If the custodial parent will not cooperate with you in making up
missed visitation, your lawyer can draft an official letter stating that
the interference with visitation is unacceptable and you are willing to
go to court to enforce your rights. This might be enough to encourage
your ex-spouse to comply with the visitation order and schedule your make-up time.
Go to court – If your ex-spouse continues to withhold support, despite sending
the letter, you can raise the issue before a judge. By filing a motion
to enforce, the court will issue an order to make up any time missed,
as well as order the cost of court and attorney fees to your ex. This
is why keeping track of any missed time is necessary to build a strong
case in your favor. Avoid trying to get law enforcement involved since
many departments hesitate to get involved with civil issues unless there
is a potential for criminal activity.
child support as retaliation is never a good idea. Child support and visitation are
not related because your child is legally entitled to financial support—not
the custodial parent. If you stop paying child support, it is considered
a violation of a court order, which could result in you being held in contempt.
If your ex-spouse has been interfering with visitation and shows no signs
Houston family law attorney at the
Law Office of Kathryn Marteeny for more information today.