Visitation is a fundamental aspect of shared custody. The courts and experts universally agree that it is in the best interests of the child for both parents to be involved in the child’s life. Therefore, the courts require the parents to share custody, or if there is a primary caregiver, to grant visitation. If one parent fails to allow the other parent visitation time, then that could result in legal ramifications. This post will go over what you shouldn’t do if your ex-partner denies you visitation, the following post will discuss what you should do.
First, the don’ts. If your ex-partner refuses to give you playtime with your children, your natural inclination may be to withhold child support. Never withhold child support without explicit authorization from the court. The court views visitation and child support as two completely separate issues; you cannot attack one to force a decision on another.
Additionally, do not break from the visitation schedule concerning their time. You cannot get back at them for “lost” time by denying them their access. The court will usually view that as traded custody violations and hold both of you accountable. Therefore you may end up getting very little in your favor.
As you can see, you have several options to compel your ex-partner to give you visitation. If you are engaged in a child custody dispute, you may want to consult with an attorney. A lawyer can assist you by going over the requirements to obtain visitation rights. More importantly, an attorney prevents you from doing one of the “don’ts” enumerated above. Winning a custody dispute is as much about proving your point as it is denying the other side any counterpoints. A lawyer can help you do both.