Think Twice Before Denying Visitation


When you are the primary custodian of a minor child, it falls on your shoulders to monitor visitation with an eye towards fairness and the well-being of your child. It's not easy to deal with issues that arise, but denying your ex their rightful visitation should be a rare experience. The judge that approved the arrangements meant those plans to be followed, and you are not in a position to make changes. That being said you may need to take action in some cases. Read on to learn more.

Common visitation problems and how to deal

1. You depend on the court-ordered child support to help make ends meet. After all, children are small but expensive to raise. Unfortunately, your ex is several months behind on the payments, and this not only puts you in financial straits but makes you want to deny visitation.

How to deal: you cannot use back child support as a reason to deny visitation. You can, however, contact the local enforcement agency for help getting you what you are owed to care for the child. The other parent's wages can be garnished, and they can even face jail time if they don't get caught up.

2. You know that it's time to move on, but you simply cannot abide your ex's new boyfriend or girlfriend. You feel that they are likely a bad influence on your children and you are loathe to allow your ex visitation when the significant other is around.

How to deal: It can be difficult to see your child get into the car with someone you dislike, but you cannot use this reason to keep your child from spending time with the other parent. If you have reason to believe that the other person is hurting your child, is on illegal substances or is being inappropriate in other ways, you should contact your divorce attorney to request a visitation hearing.

3. On a related note, if you have come to believe that your ex is behaving very badly when the child is in their care, you might need to take action. Any of the following should prompt a call to law enforcement and your attorney:

  • Criminal activity
  • Drug or alcohol abuse (and here it must be something like driving while under the influence and not just having a glass of wine at dinner).
  • Taking your child and not returning him or her at the agreed upon date and time. Being a few minutes late is considered too minor a transgression to take up the time of the judge, however.
  • Allowing the child to be placed in dangerous and inappropriate situations.

If your child is in danger, take action quickly by contacting the police. You cannot go to court on suspicions; you must have proof.

Speak with a family law office like Bray & Johnson Law Firm to learn more.


1 May 2018

family attorneys - what do they do?

Family attorneys are hired to help families through all sorts of things. Everything from divorce, child custody and adoption can be handled by a family attorney. If you are planning to adopt a child, you will need an attorney to help ensure that everything goes well. There are so many documents that need to filed, inspections to be performed and approvals to receive. This blog will cover all different kinds of cases and situations that a family attorney may be able to help your family with. Everything from the good to the bad will be discussed right here on my blog.