When it comes to child custody and divorce, court-ordered possession schedules and child support obligations are common areas of conflict. When one parent deviates from these agreements, it’s a recipe for conflict and emotional distress.
One parent may decide to ignore court-ordered visitation and deny the other parent access, even while consistently accepting child support payments. Unfortunately, visitation rights and court-ordered child support are two entirely separate issues. Just because you’re denied visitation, doesn’t mean you can stop payments. Moreover, these highly emotional conflicts require strategic action to protect parental rights and the child’s well-being.
Meticulous Documentation and Court Order Adherence Regarding Child Custody
When a parent is faced with non-compliance like this, thorough record-keeping can be crucial to correcting the situation and restoring the visitation schedule. Every instance of denied access, regardless of duration, should be documented. This includes both partial and complete denials of visitation.
- Document your communication: Rely on written communication — text messages, emails or letters — when discussing the visitation schedule, and save all responses, particularly those indicating non-compliance. This documentation can establish a pattern of obstructive behavior.
If mandated by the court, diligently use co-parenting applications like OurFamilyWizard. These platforms provide a secure and verifiable record of communication and scheduled events.
- Document, Corroborate Meeting Attempts: When trying to exercise court-ordered visitation, be sure to show up at the designated time and location — even if the other parent has indicated they don’t plan to be there. Bring a witness to corroborate the attempt, if possible.
Consider contacting law enforcement to request enforcement of the court order. While law enforcement intervention is discretionary, documenting the interaction can be beneficial.
Two Wrongs Don’t Make a Right in Child Custody
Retaliatory actions – such as unilaterally modifying the visitation schedule — are not a good idea. Resist the urge to be drawn in and make tit-for-tat reciprocal violations, which can negatively impact your position on the legal high ground when it comes to child custody.
Maintain Consistent Child Support Payments
Remember that child support and visitation rights are separate legal issues. Cutting off payments — even in response to denied visitation — may result in additional legal complications. While common sense suggests these two issues are interwoven, the courts consider them distinct, separate matters.
When to Consult Your Child Custody Attorney
When it comes to child custody, A court-ordered possession schedule guarantees a parent’s access to their child. When the other parent refuses to cooperate, there can be repercussions. Options include filing an enforcement action asking the court to make up for the lost time or make more immediate orders. Another option is a modification action to change the possession schedule altogether. Don’t let the other parent off the hook for disobeying a court order – consult with a family law attorney about your options to get things back on track.