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When Your Ex Withholds Child Visitation

When Your Ex Withholds Child Visitation

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” the child.

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 at Arizona Family Law Attorneys as soon as possible.

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