Legal Implications of Refusing Visitation in Joint Custody Arrangements: How to Regain Access
Joint custody is a legal arrangement where both parents share the responsibilities of raising their child. This arrangement often comes with a specific visitation schedule, which outlines the time each parent has with the child. However, what happens if one parent refuses to adhere to this schedule, and denies the other parent visitation? This article explores the legal implications of such refusals and provides guidance on how the other parent can regain visitation rights.
Understanding Joint Custody and Visitation Rights
Joint custody does not only refer to the shared responsibility of raising a child; it also includes the right to see and spend time with the child. This right is typically defined by a court order or a custody agreement. When one parent unilaterally refuses to allow visitation, it constitutes a violation of this legal right.
The Legal Consequences of Denying Visitation
Denying visitation can have serious legal consequences. It is not only a breach of the court order but also a form of child abuse, referred to as parental alienation. This term describes the behavior where one parent actively discourages or intimidates the child from having a relationship with the other parent.
Child Abuse and Parental Alienation
If you believe your child is experiencing parental alienation, it is crucial to document the behavior in detail. Keep a record of every instance where the other parent refuses to allow visitation, including dates, times, and any witnesses. This documentation will be valuable in legal proceedings.
Enforcing Visitation Rights
When the other parent-denies visitation without a valid excuse, you have the right to take legal action to enforce your visitation rights. Here are some steps you can take:
Going Back to Court
One of the most effective ways to regain visitation rights is to file a motion in court to enforce the visitation schedule. This motion can force the other parent to comply with the court order and provide you with the time you are legally entitled to spend with your child.
Proving a Valid Reason for Denial
The other parent may try to justify their refusal of visitation by claiming there is a valid reason. However, it is essential to have clear evidence to counter this. If the denial is purely based on personal discretion, there should be no justification.
Court Orders and Enforcement
When bringing this matter before the court, you should be prepared to present the court order and document the instances where the other parent has denied visitation. You can also call the sheriff and present the court order to enforce the visitation schedule. This step is particularly useful when the other parent is physically obstructing the visitation.
Conclusion
Refusing visitation in a joint custody arrangement is a serious issue with legal implications. It is crucial to understand your rights, document any breaches, and take appropriate legal action. Consulting with an attorney and filing a motion in court can help you enforce your visitation rights and ensure that both parents fulfill their obligations under the custody agreement.