Is Withholding a Child from Visitation Against the Law ?

The child visitation agreement that is created by the court stipulates the amount of time that a child spends with each of their parents. Regardless of if the parents are married or not, parents always need to exercise their visitation rights as soon as they separate.

Is Withholding a Child from Visitation Against the Law

Without the visitation schedule or custody order in place, the mother is the one who typically has all the parental rights. If the court has established visitation, but one of the parents doesn’t adhere to the guidelines, then the other one needs to take legal action right away. Working with a family law attorney is one of the best ways to handle this situation.

Establishing a Visitation Agreement or Parenting Plan

It is essential to establish a parenting plan or visitation agreement when it comes to making plans that the other party is legally bound to. Parenting plans will lay out the various responsibilities and rights of each of the parents in writing as ordered by a judge. The parenting plan is going to include a number of issues, including:

  • Visitation dates and times
  • What custody is given to each parent
  • The rights that each of the parents has to attend extracurricular and school activities
  • The right each parent has to know what is going on with the child medically

When the visitation schedule is officially established in writing, it is considered a legal agreement that each parent is bound by law to follow. If one parent does not adhere to the agreement, then the other parent needs to determine why. It could be a simple issue, but it may result in the need for legal intervention.

Withholding Visitation of a Child

The situation is considered more serious if one parent withholds a child from being able to have visitation with the other parent. The custodial parent may do this in order to get the other parent to pay the back child support they owe, to agree to some issue or something else. From a legal point of view, child visitation and support are completely different issues.

If the visitation withholding is severe enough, then it may be considered a criminal offense. This can result in the person being held in contempt of court and the judge may take action.

Why You Should Hire an Attorney

If you are facing any type of child custody or support issue, then it is best to find a family law attorney to help with the situation. They will be able to review the facts of the case and determine whether or not your case is worth pursuing. No matter what, there are always solutions that can help to ensure the best interest of the child, so keep this in mind at all times.

If you are facing any type of child custody or visitation issue, then it is best to utilize the services of a compassionate and experienced family law attorney. More information about this can be found by contacting the attorneys at the Joubert Law Firm, APLC by calling 225-761-3822.


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