Discovering what happens if a parent denies visitation can be a distressing experience for both the child and the parent being denied access. This situation, often referred to as parental obstruction, can have significant emotional and legal ramifications.
Understanding What Happens If A Parent Denies Visitation
When one parent actively prevents the other parent from exercising their court-ordered visitation rights, it triggers a series of potential consequences. The primary concern is the impact on the child’s relationship with the denied parent. Maintaining a healthy and consistent relationship with both parents is crucial for a child’s well-being and development. Denial of visitation can lead to feelings of confusion, abandonment, and emotional distress for the child.
The legal system is designed to enforce custody and visitation orders. If a parent is denying visitation, the custodial parent may need to take action. This typically involves:
- Documenting all instances of denied visitation.
- Attempting to communicate with the other parent to understand the reason for denial and resolve the issue amicably.
- Seeking legal counsel to understand their rights and options.
If communication fails and visitation continues to be denied, the court may become involved. The specific steps taken can vary by jurisdiction, but often include:
- Filing a motion with the court to enforce the existing visitation order.
- Attending mediation to attempt to reach a resolution.
- A court hearing where evidence of the denied visitation will be presented.
Here’s a look at potential outcomes:
| Potential Court Action | Possible Outcome |
|---|---|
| Contempt of Court | Fines, community service, or even jail time for the parent who is intentionally violating the court order. |
| Modification of Custody/Visitation | The court may alter the existing custody or visitation schedule to ensure the child’s best interests are met. |
| Make-Up Visitation | The court might order the denied parent to receive additional visitation time to compensate for the missed periods. |
Navigating the complexities of denied visitation can be overwhelming. For detailed guidance tailored to your specific situation and jurisdiction, consulting with a qualified family law attorney is the most effective next step.