When your ex fails to meet their agreed-upon responsibilities after a divorce, it can be incredibly frustrating. Moving on can prove challenging when your ex refuses to comply with your visitation schedule. If this reflects your circumstances, it’s crucial to understand your legal options for addressing non-compliance. Please continue reading as we explore what you should know about these matters and how an experienced Bristol County Child Custody Lawyer can help you navigate these difficult times.
What is Visitation?
First and foremost, when a couple who share a child decides to file for divorce in Massachusetts, it’s crucial to understand how these matters are handled in court and your rights as a parent. Visitation orders determine when each parent has the right to spend time with their child.
While Massachusetts courts typically favor joint custody, ensuring the child maintains a relationship with both parents, the court will take various factors into account to determine the most suitable custody arrangement given the unique circumstances of a case. If joint custody is not deemed in the best interests of the child, the court may order visitation.
It’s important to note that this is the same as custody, as the parent granted visitation rights cannot be the child’s primary residence or make decisions on their behalf if they don’t possess legal custody. Additionally, visitation may be supervised by a third party if there are concerns about the child’s safety.
If My Ex Refuses to Comply With Visitation, What Can I Do?
If you have been granted visitation rights, it can help you maintain your relationship with your child, even though you are no longer living with them. However, when your ex refuses to comply with the visitation order, it can cause considerable distress. Regardless of whether they repeatedly drop the child off late, this cutting into your allotted time, or they simply fail to let you see your child at all, you may be unsure how to proceed.
Generally, the first step is to document each missed visitation and the reasons that were given by your ex for the denial. Record all communication you had with your ex about visitation, including text messages, emails, or voicemails. This will provide evidence to the court that it’s a pattern and not simply a one-off incident. From here, you should try to resolve the issue amicably with them if possible. You should try your best to communicate calmly and respectfully without letting your negative emotions cloud your judgment.
If direct communication is unsuccessful, you can file a motion with the court to enforce the order. This will ensure that your ex complies with the terms and that your parenting time is safeguarded. Failure to comply with the order can result in significant legal consequences, such as fines, sanctions, and even modifications to the current custody arrangement.
Being unfairly denied your court-mandated right to spend time with your child can be incredibly disheartening. If your ex-spouse is denying visitation, you need to understand your legal options to remedy the situation. At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to help you navigate the legal process and protect your rights as a parent. Connect with our firm today to learn how we can fight for you.
