Can my Ex-Spouse Withhold my Visitation?
If you have a divorce decree or settlement agreement that grants you visitation or parenting time, but your ex-spouse is refusing to abide by it, you need to seek help. Withholding visitation time is a serious offense. It is not acceptable for your ex to deny you access to your children even if you are not making your child support payments or for any other reason.
What can you do if the custodial parent is preventing you from seeing your child? If possible, you should try to work it out with your ex-spouse, especially if the withholding rarely occurs. If your ex refuses to work it out with you or if the withholding is significant, you should contact us for help. The withholding of your parenting time is a violation of a court order, so there are remedies available including financial penalties or even jail time.
You should also understand that taking a child from the custodial parent for time that is not authorized by the divorce decree can be considered kidnapping. Thus, you should not take matters into your own hands and do not interfere with the other parent’s parenting time. Let us take action on your behalf and show the court that you are attempting to handle matters legally.
In some instances, if the custodial parent is withholding your parenting time, we can get the police involved. We can also petition the court to enforce your visitation rights. In severe cases where your visitation has been regularly withheld, the court may consider altering the child custody arrangement.
If your ex-spouse is the custodial parent of your children and she is not allowing you the court-ordered parenting time you are entitled to, you need legal advice and guidance. Our legal team is experienced in enforcing visitation agreements and divorce decrees.
Men often find it difficult to find a divorce attorney who understands the unique male perspective on family law matters. If you are facing divorce or you have other family law needs, our legal team is here to help. Contact the Men’s Divorce Law Firm to schedule a consultation with a caring professional, and aggressive advocate for men’s rights in divorce, child timesharing (custody), and paternity matters.