Parents who have been denied child custody by the court are usually granted generous visitation rights. In fact in most cases, the courts encourage and strongly support both parents’ involvement in child’s upbringing, even if they figure out that living in one consistent place would be in the best interest of the child. Consequently, if you recently lost an appeal for child custody in court, you must exercise your visitation rights to maintain a healthy relationship with your kid.
Typically, a court grants a non-custodial parent visitation rights with their child during the child custody hearing and issues a formal visitation schedule, revealing a detailed account of the parent’s visitation rights. Such visitation schedule may allow you rights to meet your child on:
- Weekends or alternate weekends
- One or more weeknights (weekly or fortnightly)
- Summer vacations
However, parents may also be denied visitation rights besides child custody in certain cases. Being denied visitation is a disheartening experience, whether by the courts or by your ex.
What to Do When Your Ex Denies Visitation
Some of the reasons why a custodial parent may deny other parent’s visitation with their child include:
- Unpaid/outstanding child support
- Transportation issues
- When the child does not want to participate
- Out of fear or anger
- Safety concerns
- Concern over the other parent’s relationship choices
Since all of such reasons will not hold up in the courts, it is in your best interest to attempt settling the issue with your ex first before taking further action. Here are some options to consider when your ex-denies visitation:
- Document your concerns to support your child custody or visitation case
- Speak with your ex to know why he/she is not willing you to meet your child and what you can do about it
- Address anything flexible when your ex’s concerns are specific and flexible
- Clarify boundaries with new partners to rebuild trust with your ex
- Consider legal action when you have already been granted visitation
- Call the police to get a neutral review
- File a motion with the court when you are repeatedly denied visitation
What to Do When the Court Denies Visitation
Parents who have been denied visitation by the court orders may have the opportunity to regain their visitation rights later. In some cases, the judge may spell out an action which may require taking parenting classes, anger management work, alcohol or drug treatment, or other steps toward restoration.
Before you decide to do anything next, you must first understand why you are being denied child visitation and what you can do from here on out before you decide to do anything next. When the court believes visitation safety is an issue, the non-custodian parent may be denied visitation rights. Some of the common reasons for this regards may include:
- The parent could pose physical or emotional harm to their children’s wellbeing
- The parent has a history of drug or alcohol abuse
- The parent has no longer contact with the child
- The parent has not exercised their visitation rights in the past
- The parent’s parental rights have been terminated
When the court denies visitation, the first thing you must do is to comply with the order through its all aspects properly. If the court orders you to take parent classes, then you must take them and submit a certificate of completion with the jurisdiction to show your compliance. You should also hire an attorney experienced in family law, if you do not have one already. Also, you must remember that although this set back is painful, it is changeable. As you work through these simple steps, you will find every reason to stay hopeful and be able to regain necessary visitation rights with your child.