Houston Family Law & Divorce Attorneys

Law Office of Kathryn Marteeny
Call Today! 713.936.2300
  • Home
  • Firm Overview
  • Attorneys
  • Divorce
  • Family Law
  • Estate Planning
  • Blog
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
Blog 2018 August What You Can Do If Your Ex Withholds Visitation
Previous Post  |  Next Post

What You Can Do If Your Ex Withholds Visitation

Posted By Law Office of Kathryn Marteeny || 28-Aug-2018

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.

Remember, withholding 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 of complying, contact our Houston family law attorney at the Law Office of Kathryn Marteeny for more information today.

Categories: Child Custody

Share Post

Divorce

How Can We Help You?

  • Child Custody
  • Child Support
  • Contested Divorce
  • Collaborative Divorce
  • Divorce Mediation
  • High-Net Worth Divorce
  • Property Division
  • Spousal Maintenance
  • Uncontested Divorce
  • Visitation

Contact The Law Office of Kathryn Marteeny

Put More Than Three Decades Of Experience To Work For You

Send My Information
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Law Office of Kathryn Marteeny
Law Office of Kathryn Marteeny - Houston Family Law Attorney
14701 St. Mary's Lane, Suite 315, Houston, TX 77079 View Map
Main (713) 936-2300
Website: https://www.marteenylaw.com
© 2021 All Rights Reserved.
Law Office of Kathryn Marteeny Law Office of Kathryn Marteeny @MartyeenyLaw
map of location
Internet Marketing Experts