If you have been awarded physical custody of your child with a visitation schedule in place for your ex-spouse, you should know that you must take certain legal actions to deny visitation. The visitation arrangements are not yours to change or adjust, they belong to the court. If you are having issues with your ex-spouse and wish to deny your ex-spouse visitation, read below for information on the circumstances that could allow changes.
You Cannot Deny Visitation
1. If your ex-spouse is not paying child support as ordered by the court, you can take legal actions against them, but you cannot deny them visitation. Visitation and child support are two separate issues and each must be dealt with appropriately.
2. It should be understood that visitation cannot be denied, nor do you have a case for changing visitation on the basis of your dislike of your ex-spouse's new partner, because the child was brought home later than agreed or other minor reasons. The reason must be compelling and extreme for the judge to consider changing the visitation schedule.
3. If your ex-spouse is abusing the child, involve the police immediately and contact your divorce or family law attorney to petition the court for suspended visitation, which is a temporary but indefinite measure to stop visitation.
4. Likewise if you believe your ex-spouse is abusing drugs or alcohol, you can file an emergency hearing request for a suspension of visitation. You must be prepared to prove your allegations in court, however. You should also be aware that you could end up losing custody of your child if the judge finds you to be making false allegations against your ex-spouse.
What Could Happen To You If You Deny Visitation?
The courts take visitation denials very seriously, and while judges could impose contempt of court charges on you, most instead take actions that are much worse, including changing custody arrangements entirely. Keep this in mind when you are tempted to take the law into your own hands and deny visitation.
Dealing with an ex-spouse who appears to be unfit to care for your child during visitation can be stressful and emotionally heart-rending. After reading the above you should realize that you must go through proper legal channels to take actions to protect your children. Contact a family law attorney as soon as you know that the visitation schedule is harming your child, and get the process started to keep your child safe. You can go to sites online for more information.