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What happens if your former spouse denies you visitation rights?

On Behalf of | Jul 22, 2024 | FAMILY LAW - Family Law

Dealing with a former spouse who denies you visitation rights can be incredibly frustrating and emotionally draining. As a parent, you have the right to spend time with your child and maintain a meaningful relationship. Understanding your rights and the steps you can take to enforce them can help you navigate this challenging situation.

Understanding parental rights

In New Jersey, parents have the right to maintain a relationship with their child after a divorce. Courts prioritize the child’s best interests, often resulting in a parenting plan that includes visitation rights for the non-custodial parent. This plan is legally binding, meaning both parents must adhere to its terms.

Denying visitation without a valid reason violates this agreement and can have serious legal consequences. If your former spouse denies you visitation, you can take several steps to enforce your rights:

  • Document each denied visitation attempt: Keep a record of every instance your visitation is denied, including dates, times and any communication with your former spouse.
  • File a motion to enforce the visitation order: A legal professional may help you file a motion with the court to enforce the existing visitation agreement.
  • Present evidence to the court: Use your documentation to show the court the pattern of denied visitations.

To enforce compliance, the court may impose sanctions on the noncompliant parent, including fines or modifications in the custody arrangement.

Fighting for your rights

Denied visitation rights can be overwhelming, but you have options to protect your relationship with your child. Every child deserves unconditional love, care, and support from both parents.

Remember, you are not alone in this. Many parents face similar challenges, and resources and professionals are available to help you navigate this challenging situation. Your commitment to your child matters most and taking the proper steps now can increase the chances of your continuous presence in their life.