All too often, a custodial parent refuses to let a child go with the other parent for visitation. This situation can arise for a variety of reasons. For instance, the custodial parent may believe that allowing the child to go for visitation is not in the child’s best interests. The custodial parent may be angry with the other parent for some reason, such as failing to pay child support or alimony as ordered, and use that anger to justify cancelling visitation. Whatever the case may be, a parent may have some legal resource if the custodial parent refuses to permit visitation.
First, if the parties have a court-ordered parenting plan in place, a custodial parent who refuses to allow visitation is likely to be in violation of that court order. When a parent allegedly violates a court order, the other parent may be able to enforce it by filing a contempt action in the same court that issued the order. The court usually will set the matter for a hearing, and the custodial parent will have to explain why he or she should not be held in contempt of court for failing to comply with the court’s visitation order. If a custodial parent does not believe that the current parenting plan is in the child’s best interest, then he or she typically should seek a modification of the plan, not withhold visitation.
If there is no court order in place about visitation, the issue becomes a bit more complicated. This situation may occur if the parties recently separated, but have not yet gone to court and for divorce, legal separation, or paternity establishment proceedings. In this case, there is no order in place for the parties to follow. As a result, it may be necessary for one or both parties to seek a court order that resolves issues such as custody and visitation.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.