Protecting What Matters Most

Can your ex deny visitation?

On Behalf of | Jun 1, 2022 | Child Custody

You and your ex don’t really get along after the divorce, but you do still share custody of the children. Your ex is supposed to drop them off at your house once a week, and they spend a few days with you before going back to live with your ex again.

After the two of you had a recent disagreement, your ex told you that they weren’t going to let the kids come see you anymore. Do they actually have the power to deny visitation?

They could be found in contempt of court

No one is ever allowed to deny visitation rights to a parent who holds those rights in a court order. If they do so, they could be found in contempt of court.

There are situations in which the court will modify the custody arrangement. For instance, some parents have expressed fear about the safety of their children. This is important to the court and they will consider it. Children should absolutely not be put in a position where they’re in danger while they’re with the other parent.

But you know that you are clearly not a danger to your own children. Your ex is just doing this to get back at you. But even if they have a more substantial reason, such as a lack of payment of child support, they still cannot deny you your visitation rights without first going to court to get the order modified. They have no grounds to do it in this case.

What options do you have?

Explaining this to your ex may not help the situation at all. As a result, it’s very important to understand what legal options you have to protect your parental rights and your time with your children. 

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