Thinking about: What can I do if my ex refuses visitation? Don’t worry; this article guides you on what to do and what not to do in case your ex is withholding visitation without court orders. If it’s a court order, no one can literally take that visitation right away from you, not even your ex.
There is nothing to worry about. Just make sure not to take any wrong action out of anger or stress, as that could be used against you. This article guides you in every possible way. Let’s get started!
What can I do if my ex refuses visitation?
By highly considering the child’s best interest and bright future, when the court gives the child’s custody to one parent, they give the visitation right to the other parent without bothering how many differences you have with each other. If a court orders visitation rights for the non-custodial parent, no one can take that right from you (excluding exceptions like abuse, threat, fear of kidnapping, etc.).
Before jumping to get the answer to the question, “What can I do if my ex refuses visitation?”, let’s know a little bit about the visitation rights of the non-custodial parent.
Visitation rights
Visitation rights are a right given by the court to the non-custodial parent to spend time with their child regularly; it could be weekly, monthly, etc., as per your circumstances. When a court grants sole physical custody to one parent, they also grant visitation rights to the other parent. By considering the child’s best interests and well-being, the court grants custodial and visitation rights, and you both must follow the orders.
What to do when your ex refuses visitation
In case your ex denies the visitation, instead of getting stressed, look for options. To know what to do when your ex denies visitation, look at the following list:
1. Firstly, understand your rights
As a parent, you should know your rights, including when you can visit your child. Either the custodial parent or the non-custodial parent must follow court orders. If any parent violates a court order, then get ready to face the consequences, like a fine, jail time, or even loss of custody (or visitation rights).
2. Read out the visitation instructions
Analyze the situation, then take out your divorce decree (or other divorce documents) and read out the visitation instructions carefully. This helps you understand your responsibilities as a parent, when you can visit your child, and other related information. These documents clarify your doubts (if any).
3. Try to communicate with your ex
Now that you have clarity about your rights and visitation instructions, try to contact your ex-partner and talk when your ex refuses visitation. Because communication is one of the best ways to resolve issues and clear up misunderstandings. If you are able to contact your ex, let them know how stressed you become with these missed visitations. Just make sure to keep your anger and frustration aside and talk respectfully.
4. Document the details
If you can’t find a way out after talking about it openly with your ex (or if your ex is not answering your calls or messages), document the details, such as the date, time, and excuses for every missed visitation. Just make a log of every email, message, voice message, or call, as that detailed document proves quite helpful if you want to take legal action against your ex for denying visitation.
5. Get the mediator’s help
If you are not able to contact or resolve issues with your ex, that’s affecting your visitation rights. Then it’s good to get the mediator’s help. As hiring a lawyer is much more expensive than hiring a mediator, some prefer hiring a mediator to resolve the issues between both parents by providing a neutral ground for each to express their thoughts.
6. If nothing helps, hire an attorney
Even after trying every possible way, if nothing works for you, then you should hire an attorney. Discuss your details with an attorney with all the proofs in your hand, and then they’ll guide you to the best decision as per your case to get back your visitation rights.
What not to do when your ex denies visitation
Now, after getting the answer to the question, “What can I do if my ex refuses visitation?”, it’s also important to know what not to do when your ex is withholding visitation. Here is a list of what not to do when your ex denies visitation:
1. Don’t take any action in anger
Not only your ex’s actions, but your actions count in court too. So always be wise with your actions and don’t be unfair just because your ex is not following the orders, like starting to threaten your ex, forcefully taking a child, etc. Instead of getting things into your hands, let the court decide the consequences for not following the orders.
2. Don’t violate court orders
Both of you must follow court orders. If one violates it, that doesn’t mean the other starts violating it too. If you have any valid reason, you should visit the court for a modification in child custody and child support. One common mistake many people make when their ex denies visitation is stopping paying child support. Just be practical; you’re paying for your child’s well-being and bright future, not for your ex-partner. Both of these are different matters, so let them be.
3. Don’t be lenient
Being lenient can actually worsen the situation, so put in every possible effort to resolve the issue with your ex. Otherwise, take legal action by hiring an experienced attorney because it’s a matter of your child’s well-being.
After exploring “What can I do if my ex refuses visitation?”, and what not to do, let’s have a look at some other related queries as well. Keep reading!
Can I call the police if my ex won’t let me see my child?
When your ex refuses visitation, you may call the police on the first attempt, which is actually not a wise decision. I know violating custodial rights comes under the category of crime, but they won’t engage in minor disputes. And police involvement can even complicate the situation, leaving you with no way to resolve the issue with your ex on your own.
That simply means that you should call the police only if you suspect that your child’s safety is at risk. Then they’ll take immediate action for the safety and well-being of your child.
Can I sue my ex for not letting me see my child?
Without the court’s order, your ex cannot refuse visitation. If they deny it, they’re violating the court’s order, and you can sue them for taking away your visitation rights. To take legal action, always hire an experienced attorney. Because they will guide you to the best outcome by understanding your circumstances and the state’s law.
What happens if you don’t follow a court order for visitation?
The court clearly specifies the parenting plan, including the child’s custody and visitation rights. These orders are not suggestions but enforcement orders, which both must follow. Any parent who is not following the court’s order has to face the consequences, whether they are related to visitation or child support.
The consequences could be a fine, coverage of another partner’s attorney fees, jail, or even affecting your rights as a parent.
I hope all your doubts regarding “What can I do if my ex refuses visitation?” clear up at the end of this article. For further information, consult your state’s attorney. Because they can provide the best guidance on how to handle the situation as per your circumstances.
