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Is Withholding a Child from Visitation Against the Law?

Blog 2018 April Is Withholding a Child from Visitation Against the Law?
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Is Withholding a Child from Visitation Against the Law?

Posted By Stepniak & Park || 23-Apr-2018

A child visitation agreement (or parenting plan) stipulates the amount of time that a child spends with each parent. A parenting plan outlines all of the various rights and responsibilities—visitation times and dates, whether joint custody, sole custody, or shared custody is awarded, the rights of each parent to attend school and extracurricular activities, etc.—of each in writing and is entered by a family law judge.

However, some divorced parents do a bad job at co-parenting their children. In fact, custodial parents may even prevent non-custodial parents from spending time with their kids for stretches of time, sometimes lasting months and years.

Keep in mind, when visitation has officially been established in writing through a parenting plan, it serves as a legal agreement to which each parent is bound. If one parent breaches the agreement, there are several ways to resolve the issue, depending on the circumstances of the case.

When Child Visitation is Withheld On Occasion

If withholding occasionally occurs or the parent sometimes fails to abide by the parenting plan, it is possible to make up visition time. The make-up dates can be scheduled by the parents, which is why noncustodial parents should record the dates on a calender, journal, or online document.

When Child Visitation is Continuously Withheld

If the custodial parent refuses to schedule make-up dates, the noncustodial parent can take other measures, such as contact an attorney and go to court to enforce your rights. Keep in mind, other measures should not include withholding child support since they are not related.

If worse comes to worst, failure to comply with a visitation order could result in a change in the visitation order. In some cases, there could be a change in custody where the court may decide to transfer custody of the children to the noncustodial parent.

If you are interested in modifying your current visitation order, contact our Daytona Beach family law attorney at Law Offices of Robert Stepniak today.

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