Whether it’s the court or your ex, not being able to see your child can be a painful experience. But before you decide the appropriate course of action, there’s one thing you should never do: withhold child support. Regardless of how you feel about the situation, the law does not look favorably upon a parent that refuses to lend financial support to the child irrespective of the other parent’s actions.
In this blog, we’ll clarify the steps you should take if you are being denied your court-ordered visitation rights.
Try to Negotiate
The first step involves trying to negotiate with your ex. Attempt to find out the reason behind the denial. More often than not, it is minor issues or petty differences that can be resolved by talking about it offer a coffee. If your ex is fearful or has safety concerns regarding the child, try to remove misunderstandings and do your best to address legitimate concerns.
Record Each Instance of Denial
Maintain a log of your attempted visits with the details including the date, time, and how you were rejected. You can do this by maintaining a physical journal or taking notes on your laptop. Try to stick to the facts as this will help your visitation or child custody case in court.
Call the Police
In such cases, the police don’t take any sides. Instead, the record what they see and present it to the court. Before you call the police make sure that you’re not angry or frustrated—any mention of you being enraged in the police report might work against you. Also, make sure you have a copy of the visitation court order with you otherwise the police won’t file a report.
File a Motion
If your ex continues to deny you your court-ordered right to visit your child, it’s time to file one of two different types of motions. The first one is where you file a motion requesting the court to modify the visitation order, implement sanctions against your ex, or enforce the order to prevent the situation from happening again. The second one is called a motion of contempt which states that your ex is in clear contempt of court for not allowing you the right to visit your child.
Contact an Attorney
The most effective step you can take to reclaim your visitation rights is by hiring the services of an attorney that will present your case in court.
The Law Offices of Ron Marquez houses experienced child visitation attorneys in Chico, CA that assist clients in reclaiming their visitation rights or strengthening their child-custody case. They have helped numerous people attain the right to visit their children and can do the same for you!
Get in touch with us today for more information!