What Should I Do if Visitation is Withheld?

What Should I Do if the Custodial Parent Will Not Let Me See My Child?

It’s an unfortunate occurrence when a custodial parent withholds the other parent from seeing their child. Outside of fear for the child’s safety or a court order, or other extenuating circumstances, a child should not be withheld from the non-custodial parent. If the parents are subject to a court order that spells out visitation terms, the parent may be in contempt of court. Parents should not resort to self-help if they believe visitation should be withheld or suspended. If your child is being withheld from you, should seek the help of an attorney as soon as possible.

What Are the Consequences of Withholding a Child from the Other parent?

If visitation is withheld from a parent, the time should be made up as soon as possible. The parent who has visitation should keep track of the times that he or she was not allowed to visit with the child and whether or not that visit made up. If a custodial parent is interfering with visitation, the non-custodial parent may be able to take that parent to court to have a judge intervene and enforce the order. The custodial parents may also be subject to legal fees and even attorney’s fees.

If you have questions about your visitation schedule or if the custodial parent is interfering with your visitation, it is important that you consult with an family law attorney. An experienced family law attorney can provide you with assistance and advise you of any potential legal options.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.