Visitation

After a divorce, fathers are often at the mercy and control of their ex-partners or the courts in enforcing their rights to visitation. When the custodial parent takes steps to prevent the non-custodial parent from having contact with the child, measures should be taken to restore the rights of the non-custodial parent.  This frustration of visitation could be grounds for modification or termination of custody right.

Frequently Asked Questions regarding Visitation Issues and Rights

My ex-partner has custody of our children and tries to control activities to interfere with my visitation.  Can she do this?

No. Unless there is a court order specifically stating this, it is in violation of your visitation rights.  You should petition the court to correct the situation by holding the ex-partner in contempt of court or change the custody order. Denial of visitation can lead to parental unfitness.

Can I withhold child support if my ex-partner withholds visitation?

Absolutely not! These are separate issues in the eyes of the law and the court will come down hard on violators of child support.  However, you may petition the court to allow for withholding of child support.

My ex-partner is planning on moving to another state and this will affect my visitation rights.  Is there anything I can do?

Yes.  There are a number of things you can do including consulting your separation or divorce decree for provisions on relocation, have your attorney immediately go to court and ask for an order to prevent relocation, and if they have already moved, petition the court to have them ordered to return.

If you have visitation concerns, questions or current problem, contact the experienced attorneys at Carron & Fink, LLC today.

 

• Divorce
• Family Law
• Custody Support
• Visitation
• Special Education Law
• Juvenile Law