The Law Office of Lisa A. Vance, P.C.The Law Office of Lisa A. Vance, P.C.
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How can I deal with my ex-spouse ignoring visitation rights?

It is extremely important for the healthy development and well-being of a child that parents remain civil with one another, assuming that they cannot get along. Tensions may run understandably high in the aftermath of a divorce, and it is not unreasonable that former spouses do not wish to see one another, but these parents are encouraged to put the needs of the child first. Unfortunately, some parents attempt to deny visitation.

There can be many different reasons that a parent may try to deny visitation time: they are afraid the child will start to like the other parent more, they do not feel that the other parent deserves the visitation they get, or simply to spite the other parent due to bitterness remaining from the divorce. If your court order gives you certain visitation rights, and your former spouse is ignoring those rights for whatever reason, you can address the denial of visitation in court or mediation.

A great way to ensure that you are able to present a strong case in court is to keep a Visitation Journal, which details instances in which your former spouse denied you visitation. For example, if you are scheduled to pick up your child at a specific time and place, and you go to that place at the correct time and your child is nowhere to be found, write down the incident in the journal. Be sure to record when and where this occurred, as well as what happened, such as the reasoning you were given by your former spouse for not being allowed to see the child.

Keeping a detailed Visitation Journal can showcase the extent to which the other parent is ignoring your rights, and can ensure that you are able to prove all of the instances. This will prevent you from forgetting specific instances when put on the spot or struggling to remember what happened. Of course the other important thing when being denied visitation is to meet with an attorney who can offer you legal insight into the process of child custody and further explain your rights regarding the issue.

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