In many cases, co-parenting comes fairly naturally. But, unfortunately,
some divorced parents just can’t seem to adjust to the changes that
come with co-parenting their children. In many of these situations, the
parent who was designated as the primary residence, or the parent with
the majority of the parenting time will prevent the other parent from
seeing the children for prolonged periods of time. In some cases, days,
but in the worst cases…weeks, months or even years can go by with
little to no contact with the children. Many parents who find their time
with the children being “blocked” or refused simply accept
the behavior without considering the fact that there are options that
could remedy the situation.
If You Are Refused Time with Your Child:
In cases where one parent refuses or withholds parenting time from the
other in direct opposition to the parenting plan in the agreement or order,
the time missed can be made up. Parents can decide together to schedule
make-up parenting time. If you are “occasionally” refused
time with your child against the parenting plan in place, keep track of
the dates and times of the missed parenting time in a calendar, journal, etc.
In cases where you refused “makeup” time with your child, there
are other measures you can turn to for resolution. Please note that these
measures DO NOT include withholding child support or “taking”
Remember that your child is legally entitled to the child support you are
providing. By refusing to pay child support, you are denying your child
your support while simultaneously violating a court order. Violating a
court order means you could be held in contempt of court by the judge
and receive serious penalties as a result of your actions.
The court would view “taking” the child in this type of situation
as kidnapping. This will not help your case. You cannot simply take the
child or children whenever you want or keep them for a length of time
beyond what is agreed in the parenting time agreement. The other parent
will likely call the police and you could be arrested for kidnapping.
What should you do if you are being refused parenting time as agreed in
your legal decision making and parenting time agreement? The best method
of obtaining a positive resolution is to contact an experienced Arizona
divorce attorney. In many cases, a letter from an attorney stating that
the refusal of parenting time is unacceptable and that you are willing
to resolve the issue in court if forced, will be enough to change the
other parent’s behavior.
If you need assistance
enforcing your parenting time agreement, please get in touch with one of the experienced
Arizona divorce lawyers
Arizona Family Law Attorneys as soon as possible.