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Can my ex withhold visitation?

On Behalf of | Aug 26, 2019 | Child Custody |

A final divorce decree in California may signal the end of a marriage. However, when a couple has children, a relationship between the parents is not over.

After divorce, some exes can move forward in a positive and supportive co-parenting manner. Others may remain bitter and angry towards the other. The attorneys and staff at the Law Office of Stuart E. Bruers want you to know that there is a right way to handle post-divorce scheduling conflicts. When it comes to child visitation, the custodial parent cannot withhold scheduled visitation without good cause.

Concern over the well-being of the children

The custodial parent may express concerns about the final visitation schedule but not have reasonable cause to stop it. When it is the non-custodial parent’s time to get the children, the custodial parent cannot deny access. If there is a schedule conflict, the two parents must schedule makeup time for the visit. The non-custodial parent should put all requests for makeup time in writing in case there is a need to return to court for enforcement.

Child support does not equal time-sharing

When parents cannot agree on makeup time, and one continues denying visitation, the other parent has remedial options. However, withholding child support payments is not one of the acceptable courses of action. While doing so is tempting, remember that the support is for the benefit of the children, not the other parent. Going to court for recognition and remedy of the violation is the correct action if things do not resolve.

While court intervention is not something you contemplated, it may serve to get you back the time granted in the original visitation schedule. Our website can help provide further insight into how this process works.


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