In Virginia, there is a strict obligation for a child to have the chance at a relationship with both parents. If your ex-partner is denying visitation without approval from the court, then you have a right to pursue legal action.
The most common reasons your ex may deny you visitation are:
- retaliation for an action you may have taken;
- resentment over the relationship ending;
- lack of confidence in your ability to care for the child; and/or
- punishment for a delay in providing a child support payment.
Regardless of the reasoning behind the action, the custodial parent is legally required to allow for quality time between you and your child. If they do not have court approval before they withhold visitation, they run the risk of losing custody of your child altogether.
What to Do if Your Ex Isn’t Letting You See Your Child
Upon your divorce or legal separation, a child custody and visitation schedule should have been made to help you determine when you and your child will spend time together. If your ex occasionally does not follow the schedule, there needs to be a discussion on when the time can be made up.
You should also be keeping track of each instance this occurs so if it becomes an issue you can take your ex to court. If your ex is unwilling to schedule make-up days with you or routinely misses those as well, contact a child visitation attorney to discuss your legal options.
It’s important that you never take the matter into your own hands as a form of retribution. If you withhold child support payments indefinitely or forcefully take your child from the custodial parent, you could face serious legal consequences.
If Visitation Is Consistently Withheld
If your ex never lets you contact or spend time with your child, they are violating your court-ordered visitation schedule.
You can take legal action against your ex-partner by:
- getting the police involved; or
- file a petition to enforce visitation.
Virginia takes failure to comply with visitation orders extremely seriously. Your ex-partner could be charged with a misdemeanor and even lose custody of your child if their intentions were negative.
We Will Fight for Your Rights
The Law Offices of Daniel J. Miller takes child custody and visitation laws seriously. We believe every child should have the opportunity to build and maintain a relationship with both parents. If you are having child visitation issues, contact our attorneys as soon as possible.