Child custody battles are often the most painful part of a divorce for children. However, the battle takes an even uglier turn when the custodial parent denies visitation to their ex. If your former spouse has forbidden you from meeting your child/children, this blog will tell you exactly what you need to do.
Court Ruling on Child Visitation
For starters, it’s important to understand that your ex can’t deny you visitation unless they have a solid reason. It’s illegal to deny visitation otherwise. If the other parent is denying visitation, you can file a motion in family court. If the other parent denies visitation issues under a court order, then you can bring contempt charges against the offending parent.
Generally, the court can deny child visitation in cases where a parent has proven to be a danger to their children. Unless you pose a physical, physiological or emotional threat to your children’s safety and wellbeing, no one can prohibit you from visiting your child.
In some cases, the court may call upon the affected parent to take up anger management, parenting or drug/alcohol treatment classes before visitation continues.
Dealing with Visitation Refusal
There are different ways your ex can deny you from seeing your child. Whether it’s a subtle excuse or a flat out refusal, here is how you should tackle the situation:
Talk to Your Ex
If you’re on good terms with your former spouse, your first strategy should be to talk things out. Be polite and do not lose your calm. As both you have joint parenting rights, ask them why they don’t want you to meet your child. Try to resolve the issue amicably.
If that doesn’t work, don’t make the mistake of taking kids without your ex’s permission. Your ex could sue you for kidnapping.
Even if you’re on amicable terms with your ex, make sure you document every time your ex doesn’t allow you to see your child. This includes emails, text messages, social media correspondence, and call records.
If you decide to approach the court, this record will help your case tremendously.
Keep Paying Child Support
No matter what, don’t stop making child support payments to your ex. This will cause much more harm to your legal position than you can imagine. As a matter of fact, the court considers child support and visitation as two distinct legal areas. Discontinuing child support could potentially lead to legal action from your ex.
Consult An Attorney
If your ex is denying visitation to punish you, hire a competent and reliable attorney. They can take appropriate action to help you regain your visitation rights.
If you have been denied child visitation in San Diego or its surrounding areas, feel free to contact our qualified, experienced family law attorneys. Call at 619-234-3838 to schedule an initial consultation.