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What should I do if my ex is withholding visitation?

On Behalf of | Sep 22, 2021 | Child Custody

If divorced parents are unable to get along with each other, this could negatively impact their co-parenting efforts. The custodial parent may resort to blocking the other parent from spending time with the kids for days, weeks or even months for no apparent reason. 

If your co-parent is stopping you from seeing your child, you may feel hopeless in this situation. Fortunately, there are legal options at your disposal that you can use to assert your visitation rights. Here are a couple of steps you can take to further your interests:

Document each incident of withheld visitation

It is important that you record every incident of denied visitation in a journal or a calendar. And if you reached out to the custodial parent over this matter, be sure to keep a record of that communication, as well. These records will form part of your evidence should this matter end up in court. 

Try to reach out to the other parent

Before filing a petition with the court to enforce the existing visitation order, try to reach out to the other parent with the aim of resolving the issue. You may consider scheduling a make-up visitation date to discuss any concerns that might be compelling them to withhold visitation. 

Issue a demand letter through your attorney

If the custodial parent continues to block visitation despite your efforts, you can request your legal representative to send them a formal demand letter. The demand letter should indicate your intent to seek the court’s intervention in enforcing the visitation order. 

Take the matter to court

Should the demand letter fail to work, you can petition the court to compel the custodial parent to observe the custodial order. During this petition, be sure to include the evidence you have gathered as well as the efforts you have made to resolve the problem to strengthen your case.

Child visitation is an important component of any custody agreement. However, it is not unusual for one parent to violate the existing visitation order. If you feel the custodial parent is withholding visitation, you might want to explore your legal options so you enjoy your visitation rights. 

 

 

 

 

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