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What happens if my ex is refusing to allow visitation?

On Behalf of | Jun 16, 2017 | Blog

Just because your marriage is over doesn’t mean you get to stop interacting with your former spouse. If you have children together, you will likely need to see each other occasionally for the rest of your lives, even after your children are adults. Not everyone handles this fact particularly well. While you’re going through a divorce, it’s common for disagreements to crop up between you and your former spouse. Child custody and visitation are often issues that cause a lot of problems between former spouses. If your former spouse has custody during the divorce, you may feel like you never see your children.

Typically, when one spouse files for divorce, that individual can request temporary custody until the courts make a final decision. The courts then typically issue a court order for child support that the non-custodial parent should pay. There is typically also a parenting time or visitation plan that allows the non-custodial parent to see and spend time with the children. Sometimes, however, the custodial parent refuses to comply with the order for visitation. If your ex is withholding your time with your children, you will need to take action to protect your rights.

Withholding visitation can impact your custody battle

If you will likely face a protracted battle for custody, the animosity between you and your former spouse may spill over, impacting parenting time and visitation. If your former spouse decides to withhold your time with your children, you should speak with your divorce attorney about this issue as soon as possible. Indiana law is very clear about violating court orders, and child support and visitation both come from court orders. Your attorney can help you document the fact that your former spouse is violating a court order and your rights as a parent.

Don’t let your frustration push you to make bad decisions. Withholding child support, for example, could end up hurting your case for custody or causing serious legal issues for you. You need to cultivate patience and try your best to work within the system to address your parenting time problems.

It can be heartbreaking and aggravating to be denied time with your children, but revenge won’t solve anything. You should work with your attorney and the courts to have your visitation enforced. Documenting the violations can make your case for custody stronger and can show a pattern of disrespect and bad behavior from your ex spouse.

Help with visitation issues

The more contentious your divorce and custody battle becomes, the more critical it is to work with an experienced Indiana family law lawyer. Your attorney can help you advocate for the best possible outcome and ensure that the custody arrangements are fair. If your former spouse is withholding visitation, your lawyer can help you document that behavior and push for proper enforcement.

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