What Can I Do If My Ex Keeps Denying Visitation?

You need to maintain a strong relationship with your children after divorce. However, sometimes a parent will not allow the other visitation rights in violation of the child custody order. If this happens to you, you have a right to the parenting time and visitation schedule outlined by the judge. Speak to our child custody lawyers in Cook County at Gordon & Perlut, LLC for assistance.

The Child Custody Order After Divorce

When you file for divorce, the court issues a child custody order (now known as an Allocation of Parental Responsibilities Judgment) determining custody for each parent. It also will detail each person’s responsibilities and visitation rights. But one of the spouses may decide to ‘get back’ at the other person by withholding visitation rights. Or, they may think the other person is bad for the kids. Whatever the reason, if visitation rights were granted to you in the child custody order / Allocation Judgment, and they are being denied, you can take action.

What You Should Do When You Are Denied Visitation Rights

You have a right to visit your children. Here is what you should do:

Document Everything

Maintain a written record of every time your ex does not allow visitation according to the schedule. Buy a calendar to mark the missed visits by day. Or mark the missed days on your cell phone calendar. Also, keep all electronic records of when you tried to communicate with your ex-partner regarding visitation. For example, if you texted your ex-wife five times on a visitation day and she did not respond, keep those records for the judge.

Attempt A Resolution

It is best to resolve the matter between you without involving the courts. For example, if your ex missed two visitations last month, talk to her to see if you can make them up. However, if your ex regularly misses scheduled visits, try mediation. Mediation is where a neutral third party helps the parents work things out before court.

Get Your Lawyer To Send A Letter

If your ex does not make up the missed time, you can ask your Cook County child custody lawyer to send a letter. It can inform the parent that you will take legal action if you are denied your parenting time according to the visitation schedule.

Go Back To Court

If you fail in your efforts above, you may need to file a motion for contempt with the court. This will allow you to have the Judge enforce its own Order and require the other party to obey the child custody order. If they ignore it, they will be held in contempt of court. In addition, they may be forced to pay your legal fees.

Following these steps is the best chance to deal with child visitation issues. It is not recommended to call the police if you are denied visiting your kids. This will usually make the situation worse, not better. Instead, taking the actions mentioned in this article will help you resolve the issue.

Speak To Our Child Custody Lawyers In Cook County Now

Are you having difficulty seeing your kids because your ex is denying visitation? If this violates the divorce or parenting decree, you should take legal action immediately. You have a legal right to see your children. First, however, you need a lawyer ready to fight for your rights. Talk to our child custody lawyers in Cook County at 312-360-0250 at Gordon & Perlut, LLC today for more information.