If you are a non-custodial parent of a child, be prepared to be denied visitation by a custodial parent. A single missed visit does not mean they are denying you visitation; however, when denied visits become continuous, and they are not rescheduled, here are some steps to make the other parent follow the order.
Learn Why You are Getting Denied Visitation
Many ex-spouses deny visitations for reasons that are not legal such as difference in religions or scheduling an activity during the visitation time. They may try to deny you visitation because you are behind on child support, but being behind on child support isn't a legitimate reason to deny you visitation.
Your ex-spouse could have legitimate reasons or concerns to deny you visitation. They could be leery of your new partner, have transportation issues, or concerns over your past drug use.
Attempt to address these issues personally without the children being around, and ask what you can do to fix things. For example, if they are concerned about a new partner, reassure them that you will set boundaries on how much time your new partner spends with your child.
Document the Violations
Keep a record of what happens with each denial to use as evident in future legal cases. In a spiral notebook, write down the date, place, and time. Set up a witness to prove that you showed up at the designated time and place. If you get to see the children, pay attention to the children's behavior and physical well-being.
Record all telephone calls, noting the duration. Be aware some states do not allow you to record phone calls, so check the laws in your state on recording phone calls.
Seek Contempt of Court and Request a Modification of Child Custody
If you keep getting denied visits and the ex-spouse won't explain why, your first instinct will be to contact police. However, that may create more tension between you and your ex-spouse. A better way to get the attention of the custodial parent is to file a contempt of court.
A contempt of court order will remind the custodial parent of the their obligation, and a continuous violation of the child visitation agreement could result in jail time.
You can request a modification of custody in conjunction with the contempt order to set more restrictions. The custodial parent should know that if they keep violating visitation agreements, they could lose custody of the child or children.
While you are trying to straighten out the situation, don't give up making contact with your child. Try calling them or sending letters. If nothing seems to work, consider hiring a child custody lawyer or visiting websites like http://www.lecroyattorneymorgantonnc.net/.