What To Do When Your Ex Refuses the Child Visitation Agreement
What is child visitation refusal?
Child visitation refusal can occur when a parent forbids the non-custodial parent from seeing or spending time with their children. There are many reasons why this occurs. The custodial guardian may still be upset with their former partner or may be trying to get back at them for deciding to end the marriage, for example.
What are some of the signs that a parent is denying the other parent visitation or access to their children?
If the custodial parent does one or more of the following actions on a regular basis, they may be trying to purposely prevent their former partner from visiting their child:
- Shows negative non-verbal responses or communication to their children while the other parent is present.
- Limits, forbids, or otherwise restricts video chats, phone calls or email conversations between the child and the non-custodial parent.
- Does not inform the other parent of their children’s doctor’s appointments, school events and other activities that their children are currently participating in.
- Not talking about their children with the non-custodial parent.
- Not communicating with the other parent or asking for their input when activities are scheduled. They may even schedule events that conflict with the non-custodial parent’s schedule or could cause them to miss a scheduled visitation appointment.
- Being unwilling to change or adjust their schedules, if necessary, when the other parent requests a modification.
- Talking about the non-custodial parent in negative terms and connotations when that parent is near the child.
Is it legal to refuse a parent child visitation?
It is illegal for a custodial parent to refuse child visitation to the other parent in the state of Maryland. However, there may instances in which the court could deny or temporarily forbid the non-custodial parent visitation. This may happen if the parent in question is undergoing treatment for drug or alcohol addiction or if they have been incarcerated for committing a crime. A judge could also stop visitation if there is reason to believe that those sessions could lead to harming the child or their legal guardian.
What can I do if I’ve been refused child visitation?
You can contact your lawyer or the court if you’ve been denied child visitation. They can make sure that the custodial parent adheres to the agreement that was put in place before the divorce was granted. If the situation continues, it’s possible that the custodial parent could be ordered to give up their custodial rights and privileges. The other parent would then have primary custody of their children.
Many things are taken into consideration when a child custody agreement is developed. Each spouse’s income, alimony requirements, proximity to the child’s school and the other parent’s home and the stability of each parent’s home life are just a few of the elements that are factored in. These agreements can be modified if conditions warrant changes. There’s no guarantee that one parent will remain the sole physical guardian of the child for the life of the child custody agreement.
One or both parents may ask the court to change the child visitation agreement. This can happen if a parent has found a different job or moved to another city or state. The judge will review the information that is provided and act in the child’s best interests before making any alterations.
Child visitation cannot be refused if the non-custodial parent has failed to pay child support payments or has been late with payments. That person may be asked by the judge who presided over the divorce proceedings about those delinquencies. They will usually be allowed to continue child visitation, but may have the child support payments that were in arrears deducted from their retirement savings account, lottery winnings and other sources of income.
One parent cannot prevent the other from attending supervised child visitation sessions. These sessions are usually held at a neutral location, such as a day care or a community center. The sessions are monitored by staff to ensure that nothing improper or illegal happens. Both parents should work together if one or more of those sessions need to be rescheduled due to a change in a parent’s work or school schedule, inclement weather, a medical emergency or other reasons.
Denying a parent visitation can significantly impact the bonds that the non-custodial parent has with their children. Children may have a tough time dealing with their emotions. They may feel that they’re to blame for not being able to see the other parent, or feel that particular parent no longer loves or cares for them anymore.
Visitation rights will continue until the date specified in the marital separation agreement or when the affected child turns 18 years old. Children in Maryland can choose which parent they want to live in at 16 years of age. If a child wants to live with the non-custodial parent, they will need to petition the court to make that change. They may also refuse to see a certain parent once they reach 16 if they so choose.
Child visitation can be a complicated subject. It isn’t something that’s easy to figure out. Parents may spend several weeks working on a visitation schedule that accommodates their personal work and vacation schedules before realizing that they also have to factor in their children’s school schedules and class events. It’s very rare for any parent to get a visitation schedule right on the very first try.
If you have questions about child visitation, we’ve got answers. Contact us today to arrange a free consultation. Our trained staff members will listen to and address your concerns. We can help you develop an effective visitation schedule and represent you during divorce proceedings if you want.
When parents decide to get divorced, their children may think that it’s their fault or that their parents don’t love them. Children need to know they are not to blame for the end of their parents’ marriage. It’s important to communicate with your children regularly and let them know that you will always love them. Setting up a child visitation schedule helps each parent share quality time with their children. It will be an adjustment, but hopefully these visitation appointments can be something that can be a highlight of parents’ and children’s days for many years to come.
