When parents obtain a divorce, they not only have to create a child custody schedule, but they’re supposed to adhere to it. Unfortunately, when couples split, it doesn’t always mean their arguments will end. In fact, it’s not uncommon for former spouses to continue having disagreements despite their divorce. Sometimes, these disagreements spill over into other aspects of their shared lives, such as child custody.
It is not unusual for a custodial parent to use their children against their former spouse. To get their ex where it hurts, they’ll block them from seeing their children during their court-ordered parenting time. In response, the noncustodial parent may think to themselves, “I’ll show you, I’ll stop paying your child support.”
While this may be a “kneejerk reaction,” it is not wise because child support and child custody are not connected. When a paying parent withholds child support because they can’t see their kids, it leads to a host of negative enforcement actions, such as bank levies and driver’s license suspension, etc. There is a better solution.
Refusal to Obey a Custody or Visitation Order
If your ex is preventing you from seeing your children or if you’re a victim of parental alienation, which is where one parent turns their children against the other parent, you want to be proactive by taking your ex back to court to enforce your parental rights.
If you want your ex to stop ignoring the custody and visitation order, we can file a Motion to Enforce Custody and Visitation – this is a much better option than not paying child support and far more effective. In this case, you and your ex would appear in court to discuss why your ex is not following the visitation schedule.
If the judge rules in your favor, he or she may even award you makeup time for the time that you have missed with your children. Another option is to hold the other parent in contempt. If the judge finds that the other parent has intentionally disobeyed a visitation order, the judge may hold them in contempt and punish him or her with fines, sanctions, and even jail.
If your former spouse is barring you from seeing your children, please contact our firm immediately to explore your legal options.