WHAT CAN I DO IF MY VISITATION IS WITHHELD?
While a child visitation agreement establishes the amount of time that a child spends with each parent, there are many cases when custodial parents—without any cause whatsoever—prevent noncustodial parents from seeing their kids for weeks, months, and even years.
Fortunately, there are options to remedy these types of situations. It is imperative for noncustodial parents to fight for their rights granted by the court.
• 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 –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, 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.
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.