Can your co-parent withhold visitation?

Divorced parents can go through different things – one month, they are co-parenting successfully, and the following, they are not on good terms. While some try to solve their disputes sooner, other cases become serious, and a parent can be denied visitation. The Arizona Department of Child Safety facilitates parenting time between a child and the noncustodial parent. However, a custodial parent may withhold this privilege.

Here is why they may do this and what to do.

Safety concerns

If a parent with primary custody obtains evidence that their kid(s) is unsafe when visiting the other parent, they may withhold visitation. They will gather evidence and file a denial of visitation rights claim with the court.

Anger

A custodial parent may withhold visitation out of anger or to punish the other parent. For instance, if the parents argue, the custodial parent may inform the other parent that the kids won’t be visiting until their issue is resolved. While this may seem like they are punishing the parent, the kids will be negatively impacted since they don’t get to spend time with their other parent.

Other invalid reasons that some parents use to withhold visitation rights are:

  • The other parent dating
  • A mistake, such as missing or being late on a scheduled visitation
  • Not fulfilling a request

What should you do?

If your co-parent withholds visitation rights for a reason which does not put the child in immediate danger, it will be best to go to court. Your co-parent is breaching the custodial arrangement you agreed on, which means you may have a case against them. This is especially necessary if you have tried alternative solutions without any improvement.

If your co-parent is blocking you from seeing your kids, you should consider your options to protect your parental rights.

Call us at 623-294-2464 or contact us to schedule your consultation today.

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