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Post-Divorce Parenting Tips: Dealing with Visitation Refusal

Post-Divorce Parenting Tips: Dealing with Visitation Refusal

Many issues can come up when it comes to the children of divorced parents. There will be a visitation schedule issued by the family court and the parents must follow it. Visitation refusal can be viewed from several different directions.

When a non-custodial parent does not pay attention to the appointed schedule, there are very few options available to the other parent. Going back to court may be your choice but it certainly isn’t a pleasant one and can be quite expensive with additional attorney’s fees. You can take the offending parent back to court and ask for a revised visitation schedule, hoping to force the other parent to adhere to the schedule.

To avoid going back to family court, perhaps you can discuss with the other parent their reasons for not exercising their visitation rights. There could be a simple lack of communication causing the problem. It is almost always best for the child to have contact with both parents.

Remember that in most cases you are not legally allowed to remove your child from a custodial parent’s home without their consent. You may be subjected to legal consequences should you choose to ignore the court’s order in regard to legal decision making and parenting time.

Should a child refuse to visit his/her parent, here are some tips to alleviate the situation:

  • Discuss why the child feels this way and try to determine whether their feelings are legitimate.
  • Make sure the child knows that both parents still love them and want to be with them.
  • Help the child to understand the purpose of parental visitation. Let them know that it is in their best interest to have both parents in their lives.
  • Perhaps a “break” from visiting the other parent could be discussed and agreed to by the other parent. This gives the child some control and gives them a chance to share their feelings.

Sometimes the custodial parent feels inclined to deny visitation by the other parent for the benefit of the child. However, the custodial parent is by law required to follow the court ordered visitation schedule. There are several circumstances where a custodial parent may refuse to let the ex-spouse exercise his/her visitation rights.

If the custodial parent is fearful that imminent harm or suspected abuse or neglect could be happening in the case of the other parent, then refusal of visitation may be warranted.

When a child is refusing to visit the non-custodial parent, it is best to determine why the child feels this way. A qualified attorney’s advice should be sought to prevent legal repercussions in this situation.

If you need help with visitation refusal, please get in touch as soon as possible with the Arizona divorce lawyers at Arizona Family Law Attorneys to avoid possible penalties for failing to comply with your current court order.

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