What You Can Do if Visitation is Denied
The following are the steps you can take to stop the custodial parent from withholding child visitation:
• Keep track of any missed visitation time – Any time visitation was denied, you should record the dates in a calendar, notebook, or even an online document. Additionally, keep copies of any correspondence with your ex-spouse, so make sure you act composed and calm each time you two interact.
• Attempt to resolve the issue on your own – Before taking any legal action against your ex-spouse, at least try to amicably work things out. Attempt to schedule make-up dates for any lost time, which is why it is important to document missed time.
• Go to court – If your ex-spouse continues to withhold support, despite sending the letter, you can raise the issue before a judge. By filing a motion to enforce, the court will issue an order to make up any time missed, as well as order the cost of court and attorney fees to your ex. This is why keeping track of any missed time is necessary to build a strong case in your favor. Avoid trying to get law enforcement involved since many departments hesitate to get involved with civil issues unless there is a potential for criminal activity.
Remember, withholding child support as retaliation is never a good idea. Child support and visitation are not related because your child is legally entitled to financial support—not the custodial parent. If you stop paying child support, it is considered a violation of a court order, which could result in you being held in contempt.