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What should you do if the custodial parent denies visitation?

| Nov 1, 2021 | Child Custody |

In a divorce or separation context, it is a given that one parent will have more custody of the kids than the other one. This is usually known as the custodial parent, while the other mom or dad is known as the non-custodial one. During the child custody hearing, the non-custodial parent may be granted visitation rights. This is a binding decree that must be honored by both parties. 

However, it is not unusual for the custodial parent to deny the non-custodial parent their visitation rights. It is important to understand that denying visitation without a valid court order can land you in trouble. For instance, a father cannot be denied their visitation rights simply because they have fallen behind on child support. 

If the non-custodial has developed a behavior that may endanger the child’s welfare, such as drug addiction or violent tendencies, then the custodial parent should raise those concerns with the court. In other words, if there is a problem with the non-custodial parent, such as a violation of the visitation terms, then it is best to pursue the proper legal course rather than taking the matter into your own hands. 

So what can you do if you are denied visitation?

Several options are available if you are denied the right to visit your children. If you can contact the custodial parent, you may want to reach out to them to establish the reason for denied visitation. If this does not resolve the matter, then you can consider the following actions:

  • Record all incidents of denied visitation. Keep a record of when and where the visitation was supposed to take place but did not.
  • File a motion in court. If the custodial parent is constantly violating the visitation order, you can request that the court enforce or modify their order.

Visitation denial can be extremely frustrating. If your ex is denying you access to your children for no valid reason, you may consider seeking legal redress on the matter.