It is painful enough to have your child taken away from you by your ex-spouse but when you are denied visitation, the hurt just never stops. Sometimes the affected parent acts without even thinking. Emotions start to take over and the parents end up hating the system and the spouse.
If you are denied visitation, you should understand why this happened and what options are available for you.
Why Visitation is Denied by the Court
To be denied by the courts to visit your child is a rare event. A common exception is the issue of visitation safety. This is when the court believes that your visitation would pose an emotional or physical danger to your child or children.
The judge may require you to attend anger management classes, drug treatments, parenting classes, or alcohol rehabilitation before the regular visits resume. If the court requires any of these, you should comply immediately to show that you’re committed to having regular time with your children.
Alternatives
Instead of denying the parent, child visitation, the courts would allow supervised visitation. When this happens, the affected parent may or may not have the decision about where the visit would happen or who will supervise the said visit.
Once the judge issues supervised visits, make certain you obtain the necessary details about the visits—who will supervise, the length of the visit, and where the visits will take place. You should also find out if there are other requirements (one example is the completion of drug rehab requirement) for the supervised visitation to end or if the supervision is merely temporary.
Child Support and Visitation
If the parents finally divorce, parents worry about not being able to send child support because this could be a strong ground for losing visitation or child custody. The consequences of being unable to pay child support in full and on time are:
- Suspension of your driver’s license
- Wage deduction
- Incapability to get a passport
- Imprisonment
Losing your privilege to visit your child is not a standard punishment for being unable to pay child support.
What to Do When You are Denied Visitation
Maintain a log of what happens each time you are denied child visitation.
Talk to your ex-spouse to find out why your visitation is denied and what you can do to remedy it. It is best to talk alone without your kids hearing your conversation.
If you have a new partner, clarify the boundaries. Try to set specific lengths of time to spend with your new partner, especially if your ex is upset that you are now dating someone new. Once there is an established visitation plan, you can establish trust with your ex-spouse.
If your spouse is the only one denying you your rights to visit your children, it is best to call the police to escalate the situation after formally filing visitation rights.
It is always best to follow the courts when it comes to establishing child visitation. Knowing what you can do once you are denied this right helps accelerate the process of resuming your time with your kids.
If you are in the process of getting a divorce and you know it’s going to be a challenge to adjust after the marriage ends, it is best to talk to your family law attorney. This way, you can understand your options more clearly and start your new life more smoothly.