L AW O F F I C E S
THOMAS CHASE STUTZMAN
How to Deal With an Ex Who Withholds Child Visitation
Bay Area Family Law
When you can't afford child support, it puts you in more than a financial and legal bind. It can also cause problems with your ex. often ex-spouses do not or choose not to understand that the non-custodial parent's financial situation may change. They often will deny you visitation because you are unable to pay child support. It is important to understand your rights in this matter. If you are being denied visitation, then you should get legal counsel and advice. When the custodial parent refuses to cooperate with the court-ordered visitation schedule, he or she may cite a number of reasons for doing so. They may claim that the child does not wish to see you, or that they do not have to give you visitation if you are not paying child support. Neither of these are legally sufficient excuses for withholding visitation. The Court will think about denial of visitation at least two ways: (1) Is the party denying visitation intentionally violating a Court Order; and, (2) Is the denial of visitation in the best interests of the minor children?
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Occasionally, a bona fide medical emergency could be a legally valid reason to temporarily deny visitation, as the reason for granting the visitation in the first place was to protect the interests of the children. Most of the time, the reason( s) given why Court Ordered visitation is denied will not be legally sufficient. Do not be intimidated. You have a right to see your children on the times and dates outlined in your Custody Agreement. A family lawyer or child custody Attorney can offer you legal counsel in regard to how to resolve your custody situation. It is important to follow some general guidelines, both for legal reasons and for the welfare and safety of your children.