Can i withhold visitation

However, the parent should work with an attorney or local authorities instead of attempting to handle the matter alone. Either parent may file a petition with the court to modify or suspend visitation rights based on a variety of circumstances.

In most cases, the court requires that the party demonstrate a substantial change in circumstances that justifies modifying or suspending visitation. Visitation rights may be denied for the same reasons they would be modified or suspended.

Custody laws require that judges consider the best interests of the child when ruling on custody and visitation matters. Most states have enacted laws or have specific case law that lists the factors used in determining the best interest of the child. However, most states also allow judges to consider other relevant information that is necessary to determine the child's best interest.

A parent's visitation rights may be denied or suspended if a judge determines visitation with the parent is not in the child's best interest. Examples of circumstances that often result in a temporary or permanent denial of visitation rights include:.

Circumstances that place the child in harm or could cause harm to the child may be considered sufficient grounds to deny parental visitation. Should an issue like this arise, the custodial parent should continue to follow the set parenting plan and take the child support payment issue to the family court system.

If the judge sees that the custodial parent has been taking matters into their own hands by withholding visitation, the custodial parent may face additional consequences from the court. Non-custodial parents should not withhold child support payments as retaliation for not receiving the proper visitation.

Should the custodial parent withhold visitation from the non-custodial parent, the non-custodial parent should continue to make their child support payments as scheduled and contact a family law attorney to assist with petitioning the court to uphold the parenting plan as it is outlined. Following the proper course of action will produce a much more favorable outcome than withholding child support or visitation as a form of retaliation.

In some extreme cases, the non-custodial parent will keep the children longer than they should if the custodial parent has been withholding visitation from them previously.

While the non-custodial parent may see this as being able to make up the visitation time they were not allowed to have, the court system views this as kidnapping and the parent can be arrested and charged for this crime.

It is important for the non-custodial parent to follow the visitation schedule as it is outlined and take up any issues they have regarding visitation being withheld with an attorney and the family court system.

When visitation is withheld from non-custodial parents, it can be a very emotional issue. In the cases of child custody and visitation, when one parent becomes emotionally charged, they often make rash decision that could harm them and their time with the children down the line.

Nicholas Baker is a practicing family law attorney with over years of experience handling divorce, child custody, child support, and domestic violence matters in the courtroom.

Attorney Nicholas Baker believes in providing family law information for individuals so that they can make an informed decision about their own family law matter. One does not necessarily control the other. Now, if you do have a parenting time order it should be followed. The parenting plan normally specifies communications between the parents as well and how it should take place. Ordinarily, the court does not have a 3rd party relative handle communications between the parties.

So that would be strange if the order said to do so. It sounds like that is not what is taking place, but that she simply wants it that way so she does not have direct contact with you. This might not necessarily be a bad thing, temporarily, because it allows for separation between you both when, as you said, communicating is not going well. But this is definitely not a long term solution.

It sounds like you need a lawyer to help you out here because it sounds like a mess — but not a huge mess — so that is good. Good luck! I am a DV survivor, I was taken advantage of in uncontested divorce, I am now becoming a victim of parental alienation, my x passed and now his Mother continues the narcissistic dv abuse.

They have kept court hearings from me used GAL to lie to me about court dates. I have been nothing but compassionate for my children sakes not for him gave him summers and all holidays for six years. I have called dfs I have called advocacy centers I have called the clerk of court and I have tried to study law but I am unsure what to do or which is the best first to last action or what would fix this immediately.

The only thing I am guilty of is depression ptsd and social anxiety and self healing with no brain altering big pharma meds or narcotics. Was hard for kids and me but that does not make me a bad parent. This sounds like a terrible situation and that someone took advantage of you while knowing you were in a weakened and unhealthy mental state — and that is pure evil. An experienced child custody attorney that works with cases involving mental health issues for the parents is what is needed here.

However, and this happens quite often, depending what your diagnosis is, medication may be the only thing that works this would normally be true for illnesses such as schizophrenia. A psychiatrist treating you for a period of time would be able to do multiple things for your case: 1.

Show the court that you have been putting in the work necessary to stabilize yourself for your kids think: years of therapy, not 2-months of appointments ; 2.

Actually work out your issues with a professional that can help move you forward to a more positive life. Ask the court for a return to you being the primary parent, knowing that it may be too soon to actually win that in court. Then, negotiate down from there. After establishing a great relationship with the child representative and a history of therapy and hopefully reunification therapy with the kids, the court will look at you differently from the past and you will have a chance of regaining your family.

But you must start now and you must have the guidance of child custody lawyer that knows the process is long but can fight with you. I am fear full for our child and myself since i reported it to the police and we have a visitation coming the next day.

I filed for an emergency ex parte but i wont know til hour later if the judge approved it or not. I do not feel safe going to the visitation nor having our child with him.

I do not know what to do. There seems to be a lot of support both legal and otherwise for the noncustodial parents right to visit with children as it is court ordered. I fully understand this. So if the noncustodial parent has court ordered visitation and does not adhere to the schedule that they specifically asked for, agreed to and were granted are they now in breech of a court order.

And if they are in breech then what are the ramifications? When my divorce was finalized, I scheduled and planned my life around the court ordered visitation schedule. Well the non custodial parent opted to move out of state with no advance conversation with me, the kids or the court and he is therefore no longer in compliance with the court ordered visitation schedule.

So any person plans or plans for the kids can be nullified if the non custodial parent decides to show up or not show up for a legally binding court ordered visit to which they requested and agreed to. You can file a motion and request a few specific things of the court: 1. Ask that the parenting time order be modified since he does not follow the plan; or 2.

This likely is going to mean you need to employ the use of an experienced child custody attorney to file a motion, but it sounds like it is entirely necessary to do so.

My son just broke things off with his girlfriend as she was unfaithful and they share a now 9 month old child together. I had advised him to always take someone with him and even call the police when he shows up to have them meet him at the residence because she likes to call rape on people when she gets caught in lies or just dosent get her way.

He needs to speak with an expert child custody attorney immediately. This is a dire situation, and not one to take lightly. He needs to have a case filed and possibly even an order of protection so that the case can proceed as an emergency and move quickly. When a parent does not have the ability to provide the most basic needs and a reasonably safe living environment for their children, the courts will act quickly — but that only takes place if he files a custody case first.

The police typically do not want to get involved unless they have no choice. So, for this situation, the best bet is to file the case, attempt to obtain an emergency temporary custody order, and then begin the process of making it become a permanent order. Do not delay, because delay is almost always the reason why a case like this turns out bad for people like your son and kids. In Ky you have to pay child support until your child graduates from HS or is When we set up a date to end the child support.

His ex wife hired attorney and state his son was whole dependent is waiting my husband to keep paying child support. Ex wife is trying to enable the son. She is waiting us to pay for her attorney fees.

We keep all of this information from my husband kids years old. We found out that his ex told his 13 year old daughter about everything told her that my husband was not waiting to take care of her brother which is a lies. When we were on vacation Disney World his daughter was reported everything back to his ex wife it was so much lies. When we saw all of the lies on the text message to her mother to took away the cellphone that we paid for.

My husband was upset with his daughter for doing that without talking to him about it. His ex is so toxic to the kids. This weekend was our visitation weekend my husband texted his ex asking if the kids were coming this weekend since we had to change our visitation schedule due to our vacation the first weekend in June.

The last time we have see the kids was June 6. Now only my husband son is having any kind of contact with his calling him every night. His daughter will not respond to either of our text or calls. His ex wife will not let the son visit without his 13 year old daughter. Need some advice in this area so sick of his ex wife not trying to work with us. To all of you going through the same issue not only in the lower family court arena, but also in the Appellate Court district court of appealing a family court order.

If no resolution is gained from an appeal that you must file within 30 days after receiving the court order. Family court Lawyers do not always fight for parental rights and the high burden of their oath of office. When a lawyer and judge are court officers, they all take an oath of office to represent each and every clients Fundamental Liberty interest to their children. When lawyers and judges do not uphold their oath of office they are in violation of their legal obligation to their clients.

Read up on the United States Constitutional Rights of parents. Especially US Code Thank you for sharing your findings. I understand the sentiment as well. I hope that you and your son find relief soon.

We have 2 children under the age of 14 and he has primary. He resides in South Dakota and the agreement was is that if I kept all of my visitations for 6 months with none being missed I would start to receive the kids every other weekend. I was getting them one weekend a month. Well I am beyond the 6 months and my 2 younger kids informed me that they would not be coming the my house this weekend.

Which he did, he signed it and the judge signed off on it. My question is what can be done about him violating the stipulation? Will he be held in contempt?

This is a ongoing pattern for him. How many times can he get away with this before the judge overturns custody. I have not been able to see my kids in 12 years due to the fact that the father has with held any type of contact. Has alienated my kids against me.

When the court order was made it was left at the father should decide what type of visitation. He never let me see my kids and now there 18 and But there sure right there when child support was going on to take my money. I was never able to go back to court cause they garnished all my money for child support.

Welcome to the life of a man in America. Welcome to second class citizenship. Shut up and deal with it. YOU laid down and had a baby.

YOU pay for your baby. This is everyday life for me and millions of men in America. No one gives a fuck about us. Why would we care about your sob story? Please help me understand that. Probably a result of a small.

Not smart enough to stand up for your rights and place blame on others for your own inadequacies. I am a great grandmother.. I feel sorry for men who try and do the right thing by there kids and you woman just abuse the system because you know you can..

You either get mad when they get into another relationship get remarried just any thing to keep the kids from there fathers a good fathers love is just important as the mother make no mistake on that.. But her love is only on the surface and not deep in her heart. Because if it was in her heart she would not put her child though all that emotional problems no parent would. I speak on this because at the beginning I said that I am a great grandmother at 71 I see how my grandson ex.

The courts say pay child support.. I am sure that some man do the same but the majority of it is the woman. So when are we going to stop. I hope I have reach someone but even in this some woman will find this offensive to her..

Thank you for your words. I pay my child support and the mother denies my time with my daughter. You need to speak with a family law attorney because the process, although relatively straight forward for an attorney, is difficult for a non-attorney.

Once her violation has occurred, you must document it in a manner that makes it possible for you to present it to the judge. It needs to be something that can be shown as evidence that a judge that knows nothing about your case can see and understand. Once you have established proof in the form of actual evidence that a court will utilize, you need to file a motion with the court. A court order was entered that said something clearly ie.

She refused to follow the court order ie. She willingly and knowingly refused to follow the court order; AND 4. She has no justifiable reason for doing so not justifiable reason for not following the court order ; AND 5. Her actions or inactions are willful, contumacious, and intentionally impede the administration of justice. But, this needs to be done quickly. I am currently opening a case for custody and visitation in CA. My kids dad left the state without a notice for two months.

Before coming back he told our 6 year old he wanted to take him to NC with him. Will this hurt my custody and visitation order with him or do I have every right to stop sending them over with him.

My child also stated his dad leaves him with his grandma so he can hang out with friends in his room and smoke marijuana. And also has them sleep with her rather then him. California has legalized weed, so unfortunately you would need to allow visitation and fight this in family law court.

The abortion commit is worthy of police attention, so I would recommend contacting the police and providing documentation if available to them. Mom wants to have daughter stay their and remote learn for the next semester of school.

Weekends with me? My 8 year old daughters dad has not gone by visiting order or child support order that we have had since Oct 8th Has not kept up with bisition or a dime of child support.

He has wensdays and every other weekend supervised with no over nights till he can prove himself. He comes around once a year.

Now all the sudden after 6 months this time he is calling cops and dcs for welfare checks. Having a case going through dcs with accusations on his girlfriends daughter. Also arguing with me about not agreeing with the supervised visitation no over nights. I need some serious advice.

I share joint legal custody with my ex of our nearly 16yo son. I have a court order which clearly outlines that the mother is responsible for a percentage of medical costs. I have the records. Aside from my rights, these are experiences parents cherish. I feel robbed. As in a the personality disorder.

However, introversion is NOT a personality disorder. This is ridiculous. Does my child and I not deserve to experience our bond in privacy? I was with this woman for over 12 years. And my child has confirmed a couple of them. I consider myself a very loving, affirmative parent with room to grow.

Just moments ago I was talking on the phone trying to get my son to say something. Give me a small sign that this is repairable. Because of his age 16 in 3 months is this true?

In reading other comments here I realize this is unlikely to go unanswered but I really needed to vent. The worse part? I encouraged him to have a dialog with his mother. I have no right to step in the middle of that. It all feels so unnecessary and I feel defeated and discarded. I have to step in and do something. What was done about this? Was this resolved? Asking because I am in the same boat and not knowing exactly what to do. You are experiencing parental alienation of your child. This is where a parent plays out their trauma from childhood and makes the child the victim, making them experience and feel as they did when they were traumatized.

They are recreating the trauma in the here and now. You all have roles in this delusion that she is working out putting your son in the middle. She truly is recreating it.

I applaud you for validating the feelings of your child because we are all told not to talk bad about the other parent but sometimes you must lest the child be very confused on why mom or dad are acting this way and why everyone else is ignoring the bad behavior leaving your child stuck to deal with the problem alone. It is very dangerous to the relationship with the targeted parent, sometimes turning the child into the same trauma the other parent had and is now subjecting to your child.

Your child adopts this fear story because their parent is believing the delusion and is very convincing. They undermine your relationship by using negative reinforcement or opposite reinforcement such as making a big drama conversation if the child comes home with a complaint.

They then make the child see that they were unhappy you had a happy visit reinforcing the thought that no matter what complaints brought home to these parents is what they are rewarded for and use that opportunity during after visit story time to grill complaints out of the child not relenting until they tell them whatever they want to hear. These stories end up being put back on the child as they they get in trouble for making up stories that any thinking person would know they are not real but the alienating parent is so wrapped up in the delusion that the child is the true victim projecting their fear from their past trauma into the child who turns out to just be used and thrown aside like an old hat when not needed.

People start believing the delusional parent and now enjoined delusional child keeping you far away with no contact. These cases are no doubt high conflict with lots of false allegations delusions.

Take care, The Lady from Washington State. I have primary custody of my 2 children soon to be 5 and 7 yrs old. My ex husband, their father, constantly fights with me about everything.

From the sports that I sign them up for, the religion that I use In my household, to what they wear. Anything to pick a fight.

He harasses me with texts all day. The visitation schedule says he gets them for 4 hrs on Wednesday and every other weekend. The time he picks them up on Friday is the time he is suppose to drop them off at home on sunday. Today he refused to bring them home. I had to drive to his mothers house to pick them up.

When I got there at pm he told me to get in my car and come back at 5…. I live 30 minutes away from his moms so I was unable to come back at 5. I told him this and he said that they arent coming home then. My daughter heard my voice and tried to come to me. My daughter finally made her let go and when she was walking by her father, her father pushed her backwards then pushed me away from the door. I got scared and grabbed my daughters coat and pulled her towards me. Then my son was crying and he tried to come to me.

His dad did the same thing so I grabbed his coat and I got my kids to my car while my ex, his girlfriend, and his mother were all shouting threats at me. Saying they were going to call the cops. I got my kids buckled and got into the car shaking. Is there anyway I can limit his visitation until I have a hearing for sole custody?

I want to also file for ofp. What a terrible situation he made your children witness. This type of behavior can be traumatizing for children and there needs to be immediate ramifications for these actions.

Because he was physical and then voiced additional threats to you, there should be no question an emergency order of protection should be granted. Your instincts are correct in that you also need to seek expert divorce lawyer help to file a motion to change the custody plan.

This should also be done on an emergency basis and there definitely sounds like there are grounds to do so. Many states also can order that an offending parent — like your ex-husband — be forced to attend anger management, therapy, parenting classes, and other types of therapeutic courses in an effort to avoid this behavior in the future. Whatever you decide to do, you must protect yourself and your family — and that means you need to act immediately.

My sons father has kept him since March 15th I have full physical custody and joint legal. He is only supposed to have him the 1st, 3rd and 4th weekend. He has refused to give him back or provide an address where he is for weeks and then he finally gave me a phone number to reach him because we communicate over talking parents and I had to have a PI find out where he was with my son.

Get a lawyer. Once they file something you can show up with the police. Pick them up any of those things. My children father has a history of drug and alcohol abuse. I received word that a good friend of his found his shooting up at work last week. I have also heard his new live in girlfriend is using as well. He is claiming now that he is sober and wants his legal visitation that he has given up three weekends in a row now.

This is extremely dangerous. This needs to be done while also including in that motion a request for immediate drug test.

The courts will order him to do a drug drop within hours, they will not give him time to clean out his system. Contact our team of experienced child custody lawyers and get started on the filing of an emergency motion now!

Me and my husband are custodial parents of my stepdaughter. Do we give visitation on the weekend to her family or can we keep her until her mom is stable again? My sons mother has denied me my visitation visits for my son for the past three weeks and is only allowing me to see him behind a door what do I do in this case do I call police or do I just deal with her retaliation like how it is.

My EX has took me for child support… we are seprated with the o parenting plan in place… he has the kids scared to come and see me at all and I do not have the money for a lawyer because all of it is going into bbn payments.. Can child visitation orders still be enforced or can the primary parent withhold the non custodial parent from seeing the child during this cornoavirus shelter in place? I have a custody order that states that I have my daughter every week while her father has her every weekend.

But I am planning a vacation trip overseas for 2 weeks, which means that my ex husband will not have have access to my daughter during those weekends. I have tried to negotiate with him but he is insisting that I cannot travel with her because I will be denying him of his visitation time during the 2 weeks.

What should I do? You cannot take the child out of the country without the fathers permission, you can try and work something out with him as in giving him more time with the child before or after the trip.

If your trip is going to interfere With his visitation, he has the right to take you to court and you can be held in contempt for not following court orders and the judge will give the father make up time.

Unfortunately, circumstances may arise in which one parent may not be able to adhere to their requirements, and visitation may not happen as outlined in the decree. If this occurs infrequently, the parents may be able to work something out together to ensure each gets to spend time with their children. Because a visitation decree is court-ordered, it is legally binding, and failure to abide by terms is considered a contempt of court.

There are many reasons a parent may withhold visitation, such as in retaliation for the other parent not paying child support or because one parent doesn't approve of the other's dating partner.

Regardless of the reason, or whether the person denying parenting time is the residential or non-residential parent, any action that goes against the initial decree is considered a violation and can result in serious consequences. If you have other reasons besides failure to pay child support to believe that a custody or visitation arrangement should be modified, we recommend that you discuss the matter with an experienced family law attorney before taking any unilateral actions.

This article is for information purposes only and is not to be considered or substituted as legal advice. The information in this article is based on North Carolina state laws in effect at the time of posting.