Photo of the legal professionals at Harry Lewis Co., LPA
Photo of the legal professionals at Harry Lewis Co., LPA

Trusted In The Columbus Area
For More Than 40 Years

Photo of the legal professionals at Harry Lewis Co., LPA

Trusted In The Columbus Area For More Than 40 Years

What happens when your ex denies visitation or custody time?

On Behalf of | Dec 13, 2018 | Child Custody |

Divorce is a difficult experience for children because their foundational relationship with their parent changes. They will often worry about the loss of love and affection from either parent in the process of divorce, as well as whether their behavior somehow contributed to the end of their parents’ marriage.

In order to mollify those concerns and help kids continue growing and developing in a healthy and happy fashion, it is important that they have regular contact with both parents. Unfortunately, the emotional nature of divorce often precludes adults from acting in the best interest of their children.

Parents can become incredibly contentious, which can lead to increased emotional strain on the children. In some circumstances, one parent may deny the other custodial time or visitation. If your ex isn’t letting you spend time with your kids, it is critical that you stand up for your rights as a parent while also shielding the children from the fallout of the conflict.

Always take the high road in custody issues

It is common for people to become intensely emotional in custody conflicts. After all, your love for your children is one of the most profound emotions you will ever experience. When you can’t see them or spend time with them in the way that you want, it can feel heartbreaking.

While it is okay to let your children know that you miss them and love them whenever you are able to communicate with them, you should never denigrate the other parent or place blame for the isolation on them.

Just let the children know that you are doing everything in your power to see them as soon as you can. That way, the children know that you love them without feeling as though they are a source of conflict between you and your spouse.

Ohio courts want what’s best for the kids, which is usually both parents

With the exception of cases that involve extreme, dangerous circumstances, such as abuse or drug addiction, it is typically in the best interest of children from divorced parents to spend as much time with both parents as possible. The Ohio courts do their best to reflect that in their custody rulings.

Even when divorce initially starts, they usually opt to create a temporary custody arrangement that at least allocate visitation to the non-custodial parent. During the child custody proceedings, the court will favor solutions that equally share parental responsibilities and rights.

When one parent violates the custody or visitation order by refusing the other one time with the children, that is a violation of a court order. The courts take a dim view of one parent attempting to alienate the children from the other.

If this happens during your divorce proceedings, documenting each denied visit can help convince the courts to create a custody ruling in your favor. If it occurs after the finalization of your divorce, you may have to ask the courts to step in and enforce the visitation schedule. In the event that your spouse continues to violate the court-ordered visitation and custody plan, they could face legal consequences, and it could impact the future custody arrangements for your family.