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Your options if custody is being withheld

On Behalf of | Dec 13, 2022 | Child Custody

You and your ex recently divorced. The courts put in place a custody order that they felt met the best interests of the child. You agreed with this but your ex seems to have some issues. They stuck to it at first but you’ve recently been denied visitation.

Is your co-parent allowed to do this? What are your options in such a scenario?

Can a resolution be found?

While seeing your children is your top priority, it’s important to keep your emotions in check initially. Perhaps your ex made an honest mistake with the visitation schedule or the children were ill. In this case, you might be able to arrange some parenting time that allows you to make up for the missed days. Ideally, your custody arrangement should have provisions for things like this.

Assert your parental rights

Unfortunately, amicable solutions cannot always be reached and if you have tried a reasonable approach without success, then you may need to start thinking about your legal options. The only legitimate reason that your ex can withhold custody is if they genuinely fear that the child is in some sort of immediate danger, and the family court still has to approve this. Personal grievances and child support or alimony disputes are not reasons to withhold custody.

If the custody order is repeatedly violated then you can ask the courts to enforce it. In some cases, they might even decide that a modification is necessary.

Disagreements over child custody can be stressful, particularly during the holiday season. If you are having trouble, make sure you seek some legal guidance.